William Mora, Christine Mora v. Albertsons LLC, AM Wighton & Sons dba A&J Refrigeration and Does 1 through 10, inclusive
Published: Mar. 18, 2022 | Result Date: Nov. 18, 2021 |Case number: BCV-17-102396 Verdict – $4,317,495
Judge
Court
Kern County Superior Court
Attorneys
Plaintiff
Steven R. Andrade
(Andrade Law Offices)
Defendant
Ninos P. Saroukhanioff
(Morgenstern Law Group)
Christopher R. Mordy
(Taylor Anderson LLP)
Paul D. Caleo
(Gordon & Rees LLP)
Dustin W. Cameron
(Gordon & Rees LLP)
Robert M. Bodzin
(Gordon & Rees LLP)
Seana B. Thomas
(Law Offices of Seana B. Thomas)
Facts
In April 2016, William Mora slipped on water that had pooled on the floor near the meat freezer island while shopping at an Albertsons grocery store in Taft. At the time of the fall, the freezer island was being repaired by a service technician from the refrigeration company A&J Refrigeration. Mora fell facedown and struck his head and face on the ground. He was taken to a hospital and treated for a fractured nose before being released. In January 2017, eight months after the fall, Mora underwent an MRI that revealed a subdural hematoma and later underwent a craniotomy. Mora sued the owner of the store, Albertsons, LLC. Albertsons filed a cross-complaint against the operator of A&J Refrigeration, AM Wighton, for indemnification.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiff contended that Albertsons failed to maintain and regularly inspect the freezer island floor sinks that allowed any pooled water to drain and that their failure caused the water to accumulate on the floor. They argued that Albertsons was one hundred percent at fault and that AM Wighton was not at fault for the fall. Plaintiff also argued that he continues to suffer from confusion and short-term memory loss as a result of the subdural hematoma caused by the fall.
DEFENDANTS' CONTENTIONS: Defendant AM Wighton contended that the pooled water was unrelated to their repair work and entirely due to Albertsons' failure to maintain and inspect the freezer island floor sinks. Meanwhile, Defendant Albertsons argued that AM Wighton caused the water to form during its work on the freezer and failed to timely clean up the dangerous condition.
Result
The jury found that Albertsons was negligent and 100 percent liable for Mora's injuries and Mora was awarded $4,317,495.08
Deliberation
2 days
Poll
12-0
Length
30 days
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