Janet Penalver v. Pace Warehouse, Inc., et al.
Published: Mar. 2, 1996 | Result Date: Jan. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC079851 – $250,399
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David Bridgeford
(medical)
Alex J. Balian MBA
(technical)
Marjorie Bernstein Singer
(medical)
Defendant
Mark Weinberger
(medical)
Facts
On May 2, 1992, the plaintiff, Janet Penalver, a 62-year-old retired licensed vocational nurse, was shopping at the defendant, Pace Warehouse, Inc. ("Pace"), in La Puente. The plaintiff saw a palette of frozen food in the aisle. As she walked around the palette, the plaintiff slipped in a puddle of water allegedly created by the frozen food which had begun to thaw. The plaintiff brought this action against the defendant, Pace, based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a $200,000 settlement demand and the defendant offered $30,000.
Specials in Evidence
$43,000 $100,000 (per the plaintiff), $157,399 (per the defendant) and General Damages of $ 50,000 (per the defendant)
Injuries
The plaintiff alleged that she sustained the following injuries as a result of the accident: fractured wrist and deep vein thrombosis (DVT) of the right leg requiring the plaintiff to take coumaden.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. An arbitration was held on September 1, 1994, before Rodney J. Terrazone who awarded the plaintiff $130,000. The defendant filed a request for trial de novo.
Deliberation
4 hours (per plaintiff), 6 hours (per defendant)
Poll
12-0
Length
6 days
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