Facts

On Nov. 1, 2009, plaintiff Eileen Thomas, 49, a school teacher, was sitting at a table in a food court at the Westfield mall located in Century City. Thomas claimed that the left front leg of the chair she was sitting in suddenly broke.

PLAINTIFF'S CONTENTIONS:
Thomas sued Westfield, the owners of the mall, claiming that it was liable for the breaking of the chair. She claimed that she had to hold on to the edge of the table tightly to avoid hitting the ground. Thomas claimed that the force that she had to exert while holding on to the table caused injuries to her neck, shoulders, back and arms.

Settlement Discussions

Plaintiff made a CCP 998 demand of $35,000. Defendant made a CCP 998 offer of $15,000.

Specials in Evidence

$20,073 $6,598

Injuries

Thomas went to see her chiropractor the next day after the accident. She claimed multiple bulging disc injuries in her neck. She also claimed soft tissue strains to her neck, shoulders, arms and back. She underwent 15 months of physical therapy. She also claimed that she missed a total of 17 and a-half days of work after the accident. She further claimed that she suffers residual pain, anxiety and has trouble sleeping. She asked the jury to award multiples of the economics of her claimed medical costs, lost earnings and pain and suffering.

Result

The jury rendered a verdict for the plaintiff, awarding damages in the amount of $85,529.

Other Information

FILING DATE: Jan. 14, 2011.

Deliberation

4.5 hours

Length

three days