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Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Christine Farrell v. Albertson's Incorporated

Published: Oct. 9, 1993 | Result Date: Jul. 16, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 6704869 –  $876,000

Judge

Howard L. Schwartz Jr.

Court

Alameda Superior


Attorneys

Plaintiff

Brian Leary


Defendant

Chad H. Pfeifer


Experts

Plaintiff

Carol R. Hyland M.A.
(technical)

John D. Warbritton III
(medical)

Margo Rich Ogus Ph.D.
(technical)

Defendant

John L. Chase
(medical)

Mary Ciddio
(technical)

John R. Batcheller
(medical)

James L. Plummer
(technical)

Facts

Plaintiff Christine Farrell, a 36-year-old route sales person for Hostess Cake Company was making a delivery to the Albertson's Supermarket in Livermore on September 25, 1989. As she was standing by the receiving clerk's desk in the back room, two employees of the Defendant came around the corner with a manual pallet jack, heavily loaded with produce. Plaintiff's delivery cart was struck by the load on the pallet jack and she was pinned between her cart and the receiving clerk's desk. Fearing that the load would tip over onto her as it rolled by, Plaintiff put out her left hand which was struck by the load.

Settlement Discussions

Plaintiff contend they demanded $300,000 plus the worker's comp lien and Defendant offered $18,000.

Specials in Evidence

$40,000 $25,000 yearly up to $486,000 unknown

Injuries

Cervical strain and left shoulder impingement and glenoid labrum tear requiring two surgeries.

Other Information

$63,125 comp lien was satisfied by an undisclosed amount.

Deliberation

5 days (23 hours)

Poll

11-1 liability, 11-1 comparative, 10-2 economic, 9-3 non economic

Length

9 days


#124825

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