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Personal Injury
Premises Liability
Slip and Fall

Nelly Montelongo v. Jack in the Box Inc.

Published: Dec. 9, 2003 | Result Date: Jun. 23, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC281824 Verdict –  $66,687

Judge

Harold I. Cherness

Court

L.A. Superior Central


Attorneys

Plaintiff

Raymond Perez
(Law Offices of Raymond Perez)


Defendant

Charles J. Peterson


Experts

Plaintiff

Isaac Schmidt
(medical)

Robert Andrade
(medical)

Defendant

Clive M. Segil M.D.
(medical)

Facts

In October 2001, plaintiff Nelly Montelongo was a customer at a Jack in the Box restaurant in Los Angeles. She claimed that, as she was walking in the hallway, she slipped and fell. The plaintiff sued Jack in the Box Inc., alleging premises liability.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $100,000. According to plaintiff's counsel, defendant made a C.C.P. Section 998 offer of $4,501. Per defense counsel, an offer of $20,000 was made prior to trial.

Specials in Evidence

$27,000

Injuries

The plaintiff sustained an impingement syndrome to her left shoulder and had surgery.

Result

The jury found for plaintiff and awarded $66,687. The award was reduced to $33,343 after the jury found defendant 50 percent negligent and plaintiff 50 percent comparatively negligent. The defendant's motions for a new trial and judgment notwithstanding the verdict were denied.

Deliberation

one day

Poll

10-2

Length

four days


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