Facts

On Aug. 1, 2012, plaintiff Aline Proutian was at a 99 Cents Only store when she slipped and fell.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she slipped and fell in what appeared to be dirty water in the aisle nearby the stockroom doors. Defendant failed to preserve its incident report, scene photos and surveillance video, producing at trial only the sweep sheet, but none of the employees from the date of the incident, including the employee who made the sweeps. That employee had been fired and was not located. A Good Samaritan independent witness took scene photos and insisted that store employees call 911 after seeing how they ignored the injured plaintiff as she sat on the floor.

Plaintiff claimed that defendant was guilty of spoliation of evidence to conceal its negligence.

DEFENDANT'S CONTENTIONS:
Defendant claimed no evidence of negligence existed and further claimed that plaintiff was contributory negligent for not avoiding the spill.

Settlement Discussions

Plaintiff's last demand was $725,000. Defendant's last offer was $600,000.

Injuries

Plaintiff claimed the fall aggravated a prior lower back injury, necessitating L4-5 fusion surgery. Defendant claimed the surgery was due to the pre-existing condition, and the medical billing was excessive.

Result

Plaintiff's verdict for $696,969.

Other Information

Plaintiff's costs plus interest will add approximately $160,000 to the judgment. FILING DATE: Feb. 20, 2014.

Deliberation

five hours

Poll

11-1 (liability), 10-2 (causation), 12-0 (damages), 12-0 (contribution)

Length

five days