Facts

Plaintiff John Blasing was walking inside one of the retail grocery stores owned and operated by defendant Ralphs Grocery Company when plaintiff slipped and fell on cat litter that had spilled on the floor. The cat litter's bag was cut open and leaking when it was stocked on the shelf. As a result of the fall, plaintiff sustained injuries to his lumbar spine. Plaintiff sued defendant under a premises liability theory for negligence.

PLAINTIFF'S CONTENTIONS: Plaintiff contended the defendant was negligent in failing to exercise reasonable care in cleaning up the cat litter that had spilled on the aisle inside one of its grocery stores. Plaintiff contended that the cat litter was a Ralph's brand to which defendant had full control because it was packed by defendant's employees.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that it was not liable for plaintiff's injuries because the cat litter had only been on the floor for 24 minutes and defendant had a cleaning policy of regular "sweeps." Further, defendant contended that plaintiff had staged the incident, arguing that plaintiff walked over the spill 8 minutes prior and appeared to look down at it. Then plaintiff came back into the aisle and walked in the same spill and fell. Defendant also argued that despite having Medicare, plaintiff had surgery performed on a lien by a doctor referred by his attorney.

Injuries

Plaintiff sustained a pars fracture in his lumbar spine which required lumbar fusion surgery.

Result

The jury rendered a $2,499,208 verdict in favor of plaintiff, but found that plaintiff was 20 percent comparatively negligent. After apportionment, plaintiff received $1,999,937. The award was composed of economic damages for past medical expenses in the amount of $229,608; future medical expenses in the amount of $169,600; past non-economic damages in the amount of $350,000 and future non-economic damages in the amount of $1,750,00.

Other Information

Defendant's motion for a new trial was conditionally granted unless plaintiff accepted a remittitur of $252,000 off of the net award. Defendant has filed an appeal which is currently pending. The appeal is based upon plaintiff's liability expert's testimony which defendant contended should not have not be admissible.

Deliberation

two days

Length

eight days