Facts

Plaintiff Teresa Mixer, 51, was leaving her workplace at CVS when she slipped and fell, suffering injuries as a result. The floor was being stripped and waxed by employees of Kellermeyer Building Services LLC at the time.

Mixer sued Kellermeyer alleging failure to warn of a slipping hazard and creating a dangerous condition.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant's employees did not cone off the area that was being stripped and waxed, nor did they use any other safety signage to warn of the slipping hazard. Plaintiff also claimed that some of the people working for the Defendant were not employees, but rather relatives or friends of employees.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff did not sustain serious injury from the accident. Defendant also contended that an independent medical exam revealed that her back issues had been resolved.

Settlement Discussions

Plaintiff made a CCP 998 demand of $499,999. Defendant made no offer.

Damages

Mixer returned to part-time duty after missing a week of work, and lost her health insurance due to her part-time status. She was eventually terminated from employment. She claimed she was now unemployable due to her injuries. She sought $13,518 in past medical costs; $98,951 in future medical costs; and $82,905 in past lost earnings. She also sought unspecified damages for past and future pain and suffering.

Injuries

Mixer claimed injuries to her left hip and lower back. She presented at an urgent care a few days after the accident and later underwent an MRI, which revealed a lumbar disk protrusion and an annular tear. She treated with physical therapy and steroid injections. She continued to suffer from residual hip and lower back pain that radiates down to her left leg. She claimed to have difficulty standing and sitting for long periods of time.

Result

Kellermeyer admitted liability the day before the trial. The jury ultimately awarded Mixer $430,835 in total damages. The award included $35,000 in past pain and suffering; $87,329 in past economic damages; and $308,506 in future economic damages.

Deliberation

eight hours

Poll

12-0

Length

seven days