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Personal Injury (Vehicular)
Premises Liability
Dangerous Condition

John Campbell Stephens v. Maria Mendes; Wal-Mart Stores, Inc.; et al.

Published: Apr. 22, 1995 | Result Date: Mar. 17, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 94164157 –  $0

Judge

Tim Bazar

Court

Fresno Superior


Attorneys

Plaintiff

Sherman Rogers


Defendant

James D. Weakley
(Weakley & Arendt APC)


Experts

Plaintiff

Richard L. Pantera
(medical)

Richard Webb
(technical)

Defendant

Jeff W. Rohlfing
(medical)

David McGlasson
(technical)

Facts

On January 31, 1993, Plaintiff John Campbell Stephens, a 38-year-old police officer, was a passenger in his ex-wife's automobile, traveling eastbound through the Defendant's Porterville Wal-Mart Store parking lot. Another vehicle operated by Defendant Maria Mendes was traveling northbound through the parking lot and struck the vehicle in which Plaintiff was riding, on the passenger side. In the southwest quadrant of the lot was an undeveloped parcel, circumvented by a 4-foot solid fence; there were no traffic control devices for either direction, along the fence.

Settlement Discussions

Defendant contends it made no offer and Defendant demanded $20,000.

Specials in Evidence

$6,767 not claimed

Injuries

L5 bulging disc and low back strain and sprain requiring chiropractic care for 1.5 years, neurological examinations, and physical therapy.

Other Information

A prior arbitration resulted in a Plaintiff's award in the amount of $19,067; trial de novo by Defendant.

Deliberation

40 minutes

Poll

12-0

Length

3 days


#78368

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