Susan Oby, Robert Oby v. Save Mart Supermarkets
Published: Oct. 13, 2017 | Result Date: Apr. 12, 2017 | Filing Date: Mar. 6, 2015 |Case number: 34-2015-00176138 Verdict – $215,682
Judge
Court
Sacramento County Superior Court
Attorneys
Plaintiff
Todd S. Bissell
(Todd S. Bissell APLC)
Defendant
Bradley J. Swingle
(Arata, Swingle, Van Egmond & Heitlinger)
Facts
Susan Oby and Robert Oby sued Save Mart Supermarkets, in connection with a slip and fall incident that allegedly occurred on Aug. 22, 2014.
Contentions
PLAINTIFFS' CONTENTIONS: Susan Oby slipped and fell at defendant's market from water that was leaking from an overhead air conditioner. Plaintiff contended that defendant knew about the leaking unit, but did nothing to repair it.
Plaintiff's husband, Robert, asserted a loss of consortium claim.
DEFENDANTS' CONTENTIONS: Defendant denied the allegations and asserted various affirmative defenses. Defendant also disputed the extent of plaintiff's claimed injuries and treatment.
Settlement Discussions
The Obys made a CCP 998 demand of $200,000, which defendant countered with an $85,000 offer of settlement and waiver of costs as to plaintiff's husband.
Damages
Plaintiff sought $115,682 in past medical expenses, $1.2 million in future medical expenses, $9,360 in past lost earnings, and $82,000 in future lost earnings.
Injuries
Plaintiff injured her neck and back, including her spine. She had to undergo frequency ablation and receive epidural shots to address the pain.
Result
The jury awarded plaintiff 100 percent of her liened medical specials and $100,000 in general damages.
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