Thelma Paige v. Griffin Hardware Store, et al.
Published: Apr. 29, 1995 | Result Date: Apr. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: 719068 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Michael J. Fitzgerald
(FitzGerald, Yap & Kreditor LLP)
Defendant
Experts
Plaintiff
Stephen A. Becker
(medical)
Defendant
Michael J. Einbund M.D.
(medical)
Facts
Plaintiff Thelma Paige, a 68-year-old disabled female, had shopped at Defendant Griffin Hardware Store for approximately 20 years prior to the incident on October 21, 1992. During her prior visits, Plaintiff admitted that the parking lot had been clean and free of debris and trash. On the date of the subject incident, Plaintiff also noted upon her arrival that the parking lot was clean. The premises has 2 doors which are used for entrances; however, the left door is typically used as an exit and the right door is typically used for an entrance. On October 21, 1992, Plaintiff drove to the hardware store and parked her van in a space near the right side entrance door. She entered the store; her path of travel to the entrance placed her within 4 to 5 feet of a piece of fruit (Plaintiff alleged it was a cantaloupe; Defendant's employees alleged that the item was a banana peel.) Plaintiff admitted she did not see the fruit item as she walked toward the right side entrance door. After being in the premises for approximately 20 minutes and purchasing a 4-cubic-foot wheelbarrow and a rake, Plaintiff exited the left side door and was accompanied an employee of Defendant Griffin Hardware Store. (Plaintiff alleged that the rake was placed in the wheelbarrow; Defendant's employee alleged that Plaintiff was carrying the rake with the tine-end side pointed upward). As Plaintiff approached the area where she slipped, Defendant's employee was to her right side and next to her. Neither Defendant's employee nor Plaintiff took notice of the fruit peel. Plaintiff slipped and fell on the peel. (Plaintiff alleged that she fell onto her left side/elbow/shoulder; Defendant's employee alleged that Plaintiff did the "splits," but did not fall onto her left hand/elbow/shoulder.
Settlement Discussions
Defendant contends it made a 998 offer in the amount of $4,500 and Plaintiff demanded $19,500.
Specials in Evidence
$17,667
Damages
Plaintiff requested that the jury award medical specials of $17,667 and general damages $75,000 to $125,000.
Injuries
Torn left rotator cuff requiring surgical repair (approximately 2 years post incident); permanent residual left shoulder stiffness and limited range of motion.
Deliberation
2 hours
Poll
9-2 (1 abstained)
Length
6 days
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