This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Michelle Cooper v. KMart Corporation

Published: Oct. 8, 1994 | Result Date: Sep. 19, 1994 | Filing Date: Jan. 1, 1900 |

Case number: GC008224 –  $100,000

Judge

Charles C. Lee

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Robert S. Scuderi
(Law Office of Robert S. Scuderi)


Defendant

Daniel P. Aguilera
(Office of the City Attorney)


Experts

Plaintiff

Ranga Reddy
(medical)

Charles E. Turnbow
(technical)

Defendant

Michael J. Singelyn
(medical)

Facts

On October 9, 1991, Plaintiff Michelle Cooper, a 45-year-old single and unemployed mother, was leaving Defendant KMart store in Monrovia. She turned a corner and was on top of streams of water on the sidewalk coming from under the fence in the Garden Shop area. When she attempted to avoid the water by stepping over the first stream, she slipped. Her knee hit the cement, and she fractured her patella.

Settlement Discussions

Plaintiff contends she demanded $150,000 and Defendant offered $7,500.

Specials in Evidence

$38,500

Injuries

Fractured patella requiring open reduction internal fixation, hospitalization, and physical therapy.

Other Information

A prior arbitration by George Liskow resulted in a Defendant award; trial de novo by Plaintiff. Defendant contends it offered $7,500 at the MSC and Plaintiff demanded $200,000.

Deliberation

1.5 days

Poll

12-0 negligence, 10-2 damages

Length

5 days


#78168

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390