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
Court
L.A. Superior Central
Attorneys
Plaintiff
Raymond Perez
(Law Offices of Raymond Perez)
Defendant
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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