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CONFIDENTIAL

Jun. 15, 2003

Personal Injury
Premises Liability
Slip and Fall

Confidential

–  $0

Judge

William D. Stewart

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Joel L. Zakuto


Defendant

Charles Peterson


Facts

The 13-year-old plaintiff went to a fast-food restaurant in Burbank with a group of friends. When her number was called, the plaintiff picked up her French fries and soda cup at the service counter. She then walked directly over to the beverage station where she slipped and fell. A friend picked her up and gave her a piggyback ride out of the restaurant. The plaintiff did not see any liquid on the floor anywhere in the restaurant before she fell. She presumed she slipped on a liquid. She did not know how long the liquid had been on the floor before she fell and did not know how the liquid got on the floor. The area where the plaintiff fell was inspected by restaurant employees at least every 10 to 15 minutes.

Settlement Discussions

The plaintiff demanded $12,995; the defendant offered $1,001.

Specials in Evidence

$3,745

Other Information

The plaintiff's counsel asked the court to award $2,800 in monetary sanctions against the defendant's counsel for bringing the motion for summary judgment. That request was denied. The defendant has filed a memorandum of costs and a motion to recover attorney's fees and costs pursuant to C.C.P. Section 2033.


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