Facts

Mary Lou Hendry sued 7-Eleven Inc. and the owner of 7-Eleven Store #27005, in connection with a slip and fall incident.

PLAINTIFF'S CONTENTIONS:
Surveillance video from the 7-Eleven showed an employee using a wet mop to clean up a coffee spill by the front entrance. The employee mopped under the front door mat and the underside of the mat, but did not dry either surface, and then placed the mat back down on the floor. The employee placed a "wet floor" sign 2-3 feet away from the mat and then walked away. Two minutes later plaintiff stepped on the mat while exiting the store and it hydroplaned out from under her, causing plaintiff to lose her balance. Plaintiff, a sixty-year-old female, injured her knee from the fall. Plaintiff sued defendants for premises liability, alleging that defendants failed to maintain the area properly, thereby creating a dangerous condition.

DEFENDANTS' CONTENTIONS:
: Defendants argued that its worker responded properly in cleaning up the spilled liquid immediately and that the "wet floor" sign provided sufficient and proper warning to customers of the wet floor hazard. Defendants disputed plaintiff's claimed knee injury, claiming it was caused by her pre-existing arthritic condition.

Settlement Discussions

Hendry made a CCP demand of $300,000. The store offered to settle for $65,000.

Injuries

Hendry claimed she fractured her ankle and tore her meniscus in the knee. She underwent surgery to repair it, but ultimately underwent a total knee replacement. Henry claimed that her injuries left her permanently disfigured.

Result

7-Eleven was ultimately dismissed. The jury then found the store negligent and awarded Hendry $390,000 in damages, consisting of $65,000 in past medical expenses, $300,000 in past pain and suffering, and $25,000 in future pain and suffering.

Other Information

The court denied defendant's motion for new trial. The court awarded costs of $49,651, of which $8,000 was pre-judgment interest. FILING DATE: Oct. 10, 2013.

Deliberation

two hours

Length

five days