Bridgitte Galgut, Real Party in Interest, substituted in the place and stead of Henrietta Revel v. Costco Wholesale Corporation
Published: Feb. 24, 2004 | Result Date: Sep. 5, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC787469 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert H. Quayle IV
(Daley & Heft LLP)
Experts
Plaintiff
Ilene B. Zackowitz Ph.D.
(technical)
Paul A. Joelson
(technical)
Defendant
W. Stephen McCarthy
(technical)
Raymond M. Vance M.D.
(medical)
Facts
On Jan. 16, 2002, the plaintiff arrived at Costco with her daughter. The plaintiff was a disabled individual within the meaning of the Americans with Disabilities Act due to cardio pulmonary hypertension. She was approximately 86 years of age at the time of the incident. The plaintiff tripped over a blue tire stop placed at the head of a parking space in the Costco parking lot, alleging shopping carts left in an access zone forced her in the
path of the tire stop. She tripped and fell, sustaining multiple fractures to her arm and her hip. The plaintiff filed suit alleging negligence, premises liability and statutory violations (Civil Code sections 54.1 and 54.3).
Settlement Discussions
According to the defendant, the plaintiff demanded $430,000 to $450,000 at a mediation on July 1, 2003 with Mediator Carl F. Ingwalson Jr. According to the plaintiff, the plaintiffÆs demand at that mediation was for $45,000 to $75,000. The defendant made a C.C.P. Section 998 offer of a waiver of costs in exchange for the plaintiffÆs dismissal of suit on July 25, 2003.
Specials in Evidence
$80,000
Injuries
The plaintiff suffered multiple fractures to her arm and her hip.
Other Information
Legal procedural issues of interest included the question whether temporary obstructions in disabled access zones (such as shopping carts) constitute a violation of state and federal disability laws. The plaintiffÆs motion for new trial was denied, as was the plaintiffÆs motion for judgment notwithstanding the verdict. Regarding the plaintiffÆs motion to tax and/or strike costs, Judge LaVoy ruled that CostcoÆs 998 offer was unreasonable, and struck CostcoÆs claim for its expert witness fees. After trial the parties settled for a waiver of costs in return for waiver of the right of appeal.
Deliberation
half day
Poll
11-1 (defendant was not negligent in management of the premises), 10-2 (Costco did not fail to provide an accessible route of travel), 11-1 (Costco did not fail to make reasonable modifications to its policies, practices, or procedures so that the plaintiff was unable to access the premises), 12-0 (Costco did not fail to remove architectural barriers), 10-2 (the fault of the defendant was not a cause of injury or damages to the plaintiff)
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390