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Personal Injury
Premises Liability
Slip and Fall

Case I.D. Confidential

Published: Oct. 23, 2008 | Result Date: Oct. 6, 2008 |

Verdict –  Defense

Court

Bakersfield Superior


Attorneys

Plaintiff

Derryl S. Halpern
(The Halpern Law Firm)


Defendant

Martin Moreno
(Waterkotte, Mullis, Moreno & Garles PC)

Grant D. Waterkotte
(Waterkotte, Mullis, Moreno & Garles PC)


Facts

On Aug. 6, 2008, at 2:45 p.m., the plaintiff, a 28-year-old female, slipped and fell in clear liquid while shopping in the store.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the store was negligent in the maintenance and operation of their premises; that defendant should have known the liquid was on the ground for an unreasonable period of time.

DEFENDANT'S CONTENTIONS:
The defendant argued that the store took reasonable measures to ensure the safety of its customers and did not have notice of the liquid spill.

Settlement Discussions

Prior to trial, the defendant made a C.C.P. section 998 offer of $95,001. Plaintiff made a C.C.P. section 998 offer of $350,000 prior to trial.

Specials in Evidence

$65,000 $60,000

Injuries

The plaintiff suffered right knee meniscus tear, left shoulder impingement, and lower back tissue injury.

Result

Defense verdict.

Other Information

FILING DATE: May 5, 2007.

Deliberation

eight hours

Poll

11-1 (liability)

Length

six days


#127440

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