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

Dorothy Allford, M.D. v. Wal-Mart Stores, Inc.

Published: Nov. 23, 1996 | Result Date: Oct. 30, 1996 | Filing Date: Jan. 1, 1900 |

Case number: SCV14457 –  $0

Judge

Duane M. Lloyd

Court

San Bernardino Superior


Attorneys

Plaintiff

Gary Baughman


Defendant

Barry C. Snyder
(Snyder Burnett Egerer LLP)


Experts

Plaintiff

Christopher Jobe
(medical)

Facts

On March 18, 1994, Dorothy Allford, M.D., a 69-year-old retired physician, was returning goods at the defendant Wal-Mart store in Redlands. As she walked down an aisle, she moved to her left to avoid bumping into another customer. The plaintiff claimed that her foot was caught by a loop of plastic from a futon located in an aisleway display. She fell to the floor and fractured her shoulder. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $33,000. The defendant made a C.C.P. º998 offer of compromise for $14,999.

Specials in Evidence

$2,500 $5,400

Damages

The plaintiff requested $57,900.

Injuries

The plaintiff alleged she sustained a fracture of the head of the humerus, displaced, with a possible rotator cuff tear, requiring future arthroscopic surgery.

Other Information

ARBITRATION: An arbitration was held on Oct. 4, 1996 before John Newman of Apple Valley resulting in an award of $33,000 in favor of the plaintiff. The defendant requested a trial de novo.

Deliberation

50 minutes

Poll

10-2

Length

3 days


#78958

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