Paramjeet S. Bajwa, SimarPal Kaur Bajwa v. Parvinder Singh, E-Z Stop Inc. dba E-Z Stop 101, et al.
Published: Dec. 21, 2004 | Result Date: Oct. 6, 2004 | Filing Date: Jan. 1, 1900 |Case number: 01AS06294 Verdict – $2,117,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Rajneesh S. Dhesi
(medical)
Defendant
David M. Broderick
(medical)
Facts
The plaintiff, age 38, worked as a food store counterman at a convenience store. He was working at the store on June 20, 2001 when he saw a shoplifter. He chased the shoplifter out of the store and subsequently the thief ran over the plaintiff with his vehicle and escaped from the scene and was never caught. The plaintiff and his wife sued the store, and its owner, and alleged negligent employment instructions and practices and a failure to provide workers' compensation coverage. They also sued the unknown thief.
Settlement Discussions
The plaintiff demanded $175,000 plus uninsured employer's fund claim of $300,000. The defendant offered $50,000 plus an agreement to pay the uninsured employer's fund claim of approximately $300,000.
Specials in Evidence
$717,000 None claimed None claimed
Damages
The plaintiff's spouse filed a claim for loss of consortium, which she dismissed before trial.
Injuries
The plaintiff was diagnosed as having sustained fractures to several areas of his body, including his ribs, right shoulder and right arm. He also suffered a punctured lung and severe injuries to his muscles and legs. He was hospitalized for 52 days. He claimed that he had permanent physical injuries. A defense expert witness testified that the plaintiff was exaggerating his gait symptoms.
Result
The jury found the defendants 78 percent negligent and the unknown thief 22 percent. The jury awarded the plaintiff a total of $2,117,000. Under Proposition 51, the defendants are responsible for all of the plaintiff's economic damages ($717,000) and 78 percent of his non-economic damages ($1.4 million) for a total of $1,809,000.
Deliberation
1.5 days
Poll
12-0
Length
five days
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