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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390