Constance Anne McCord v. Jack in The Box Inc., et al.
Published: Jan. 27, 2004 | Result Date: Aug. 13, 2003 | Filing Date: Jan. 1, 1900 |Case number: PC030314Z Bench Decision – $8,257
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Oscar Shvartsman
(medical)
Alan Rashkin
(medical)
Gurdit Flora
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
The plaintiff, a 46-year-old unemployed and disabled person, alleged that she was injured on a cement walkway outside a Jack in the Box restaurant in Castaic on June 15, 2001, when she slipped on a liquid substance that had leaked from a garbage bag than an employee had just taken to the garbage bin. She sued the defendant under a premises liability theory of recovery.
Settlement Discussions
The plaintiff demanded $150,000; the defendant offered C.C.P. Section 998 for $15,001.
Specials in Evidence
$23,500 (the defense argued that the medical specials that related to the accident were $1,883)
Result
The court found economic damages for the plaintiff in the amount of $3,257 and non-economic damages in the amount of $6,000, for a total sum of $8,257. This was reduced by 25 percent for the plaintiff's comparative negligence, for a total judgment of $6,192. The defendant's recoverable costs per C.C.P. Section 998 totaled $8,200.
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