Facts

On Oct. 11, 2004, at 5:00 p.m., the plaintiff, a disabled 52-year-old female, was shopping in the store utilizing an electric cart. As plaintiff attempted to board the store elevator, the cart she was riding was struck by the elevator doors.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that her pre-existing injury was aggravated when the elevator malfunctioned at the premises, striking her knee and hip. The plaintiff argued that the store negligently maintained the subject elevator. At the time, she was awaiting a hip replacement.

DEFENDANT'S CONTENTIONS:
The defendant argued that the elevator functioned just as it was supposed to. The fact the elevators doors may have struck plaintiff's electric cart was due to user error and not as a result of an elevator malfunction.

Settlement Discussions

Prior to trial, the defendant made a C.C.P. section 998 offer of $7,500. Plaintiffs last pre-trial demand was $60,000.

Specials in Evidence

$25,000 $60,000

Injuries

The plaintiff suffered internal derangement of the right knee and aggravation of a pre-existing right hip injury.

Result

Defense verdict.

Other Information

FILING DATE: Aug. 10, 2006.

Deliberation

two hours

Poll

11-1 (liability)

Length

eight days