Nina Prokopenko v. Smart & Final
Published: Feb. 3, 2004 | Result Date: Feb. 14, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC064955 Verdict – $31,000
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John R. Brault M.S.
(technical)
Michael T. Schiffman
(medical)
Defendant
Stephen P. Kay
(medical)
Facts
The plaintiff, Nina Prokopenko, 79, alleged that she sustained injuries when she was hit by a box falling from a shelf at defendant store. The plaintiff alleged orthopedic injuries as a result of the incident. The defendant denied fault and argued that the box in question contained styrofoam cups weighing only six pounds which could not have caused harm to the plaintiff.
Settlement Discussions
According to the defendant, the plaintiff made the following demands: $75,000 increased to $200,000 or $250,000, increased to $399,000, reduced to $90,000 on the day of the verdict. No offer was reported.
Specials in Evidence
$40,000 $40,000
Injuries
The plaintiff claimed to suffer herniation in the neck requiring surgery, a shoulder tear requiring surgery, permanent pain in the neck from TMJ, physical therapy and acupuncture.
Deliberation
3.5 hours
Poll
12-0
Length
six days
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