Shirley Coleman v. Smith's Food & Drug; 7Up/RC, et al.
Published: May 6, 1995 | Result Date: Apr. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: KC015672 – $0
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Defendant
Alex J. Balian MBA
(technical)
Facts
On September 14, 1993, a Defendant 7Up/RC merchandiser was taking down a display and was transporting 40 cases of 2-liter Pepsi which were loaded onto a non-motorized pallet jack. The merchandiser was moving the Pepsi from the middle aisle of Defendant store to the back room when Plaintiff walked into the middle aisle from a side aisle, while looking down at her 5-year-old grandson. Plaintiff, a 61-year-old home health care worker, walked in front of the pallet jack as the merchandiser called out a warning to stop and pushed his body against the jack. Smith's Food & Drug and 7Up/RC were named as Defendants.
Settlement Discussions
Defendants contend that they offered $7,500 and that Plaintiff demanded $250,000 reduced to $75,000 just before trial.
Specials in Evidence
none in evidence none in evidence unknown $3,500
Injuries
Three crushed toes on right foot; neuroma requiring future surgical removal.
Other Information
This case was bifurcated, tried on liability and comparative negligence only. This case was filed on January 18, 1994; one year and three months prior to this result.
Deliberation
35 minutes
Poll
11-1
Length
2 days
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