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Personal Injury
Negligence
Trip and Fall

Naomi Hardin-Cantrell v. Home Express

Published: Jun. 7, 1997 | Result Date: Mar. 27, 1997 | Filing Date: Jan. 1, 1900 |

Case number: H1819087 Verdict –  $0

Judge

William L. Dunbar

Court

Alameda Superior


Attorneys

Plaintiff

Sandra F. Banks


Defendant

Bradley L. Bostwick


Experts

Plaintiff

Sheldon C. Brown
(medical)

Stephen M. Brown
(medical)

Defendant

John L. Chase
(medical)

Facts

On March 3, 1994, plaintiff Naomi Hardin Cantrell, a 55-year-old legal secretary, was a customrer at defendant Home Express when she tripped and fell over an exit mat at the store. The plaintiff was exiting the store carrying an ironing board, when she fell and injured herself. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $225,000. The defendant made a C.C.P. º998 offer of compromise for $15,000.

Specials in Evidence

$25,000 $50,000

Injuries

The plaintiff claimed she suffered soft-tissue injuries to her wrist, requiring surgery and resulting in residual soreness and limitations.'

Other Information

EXPERT TESTIMONY: The plaintiff's medical experts testified that she suffered a severe soft-tissue injury to the wrist, requiring two surgeries and resulting in her inability to work for over one year. Defense medical expert Dr. Chase testified that the plaintiff suffered a mild strain and thal all other complaints and surgeries were the result of a pre-existing condition or a subsequent fall.

Deliberation

35 minutes

Poll

__________ (#s pls.)

Length

4 days


#79649

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