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Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Tammy and Rusty Hartman v. K Mart

Published: Jun. 25, 1994 | Result Date: Apr. 15, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 529172 –  $456,333

Judge

Michael G. Virga

Court

Sacramento Superior


Attorneys

Plaintiff

Roger A. Dreyer
(Dreyer, Babich, Buccola, Wood & Campora LLP)


Defendant

Kenneth B. Shepard


Experts

Plaintiff

Jeffrey Wayne
(medical)

Carol R. Hyland M.A.
(technical)

Laura J. Anderson
(medical)

William P. Duffy
(medical)

Defendant

Pasquale X. Montesano
(medical)

Facts

On September 2, 1991, Plaintiff Tammy Hartman, a 25-year-old homemaker and mother of 2, was struck from behind while on the premises of Defendant K Mart in Citrus Heights. An employee of the Defendant was pushing a grocery cart with which Plaintiff was struck. Defendant K Mart admitted liability.

Settlement Discussions

Plaintiff contends they made a 998 demand of $310,000 (for Tammy) and Defendant offered $150,000.

Specials in Evidence

$110,000

Injuries

L5-S1 disc bulge and aggravation to preexisting L4-5 laminectomy requiring surgical fusion which had to be aborted due to epidural infection; the L4-S1 discs required subsequent inter-body fusion. Plaintiff's husband claimed loss of consortium injuries.

Deliberation

1.5 days

Poll

12-0

Length

10 days


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