This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Stan Feit v. Longs Drugs Stores; Buena Park Mall; and City Freeholds, Inc.

Published: Mar. 23, 1996 | Result Date: Feb. 14, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 738457 –  $62,144

Judge

Dennis S. Choate

Court

Orange Superior


Attorneys

Plaintiff

Brian D. Chase
(Bisnar Chase LLP)


Defendant

Larry A. Dunlap
(Creason, Tucker & Alexander LLP)


Experts

Plaintiff

Paul E. Wakim
(medical)

Defendant

Edward A. Abraham M.D.
(medical)

Facts

On January 14, 1994, the plaintiff, Stan Feit, a 56-year-old owner of a gardening business, slipped and fell in a puddle of windex in the defendant's, Longs Drug Stores, store. A patron had accidentally spilled windex in various areas of the store. The windex came from a leaking bottle which was in the patron's shopping cart and was being wheeled throughout the store. Before the plaintiff's fall, the defendant allegedly knew of the leaking bottle and the mess it was creating and cleaned up at least three aisles which had been affected by the spill. The plaintiff claimed that the patron was spilling the windex in the defendant store both before and after the plaintiff's fall. The plaintiff brought this action against the defendants, Longs Drug Stores, Buena Park Mall (the owner of the premises) and the City Freeholds, Inc., based on premises liability and negligence theories of recovery. The defendants, Buena Park Mall and City Freeholds, Inc., were awarded a judgment of nonsuit following plaintiff's presentation of its case in chief.

Settlement Discussions

Settlement discussions were not disclosed.

Specials in Evidence

12,144 50,000

Injuries

The plaintiff alleged that she sustained soft tissue injury to her knee which was resolved and soft tissue and disc injury to L4-5, L5-S1 requiring future surgery.

Other Information

An arbitration resulted in a $60,000 award. The defendant requested a trial de novo.

Deliberation

3+ hours

Poll

12-0 (liability); 11-1 (damages)

Length

5 days


#120357

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390