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Personal Injury (Non-Vehicular)
Slip and Fall
Dangerous Condition

Evlia Contreras v. Crocodile Cafe, Inc.

Published: Oct. 11, 1997 | Result Date: Aug. 22, 1997 | Filing Date: Jan. 1, 1900 |

Case number: EC020272 –  $0

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Russell J. Thomulka

Herbert R. Seiden


Defendant

Paul A. Bigley
(Freeman, Mathis & Gary LLP)


Experts

Plaintiff

Michael V. Nicholas
(technical)

Defendant

Robert W. Small
(technical)

Facts

On June 24, 1995, between 11:00 and 11:30 p.m., the plaintiff, a 48-year-old doctor, allegedly slipped and fell on a piece of lettuce on the floor of the Crocodile Cafe Restaurant located at 210 North San Fernando Road in Burbank, California. The plaintiff claimed that she had gone to the restroom, and upon exiting, slipped on a piece of lettuce and fell. The plaintiff contended that the lettuce in conjunction with poor lighting and a poorly maintained floor constituted an unreasonably dangerous condition. The defendant, Crocodile Cafe, disputed all of plaintiff's contentions. Defendant claimed that only plaintiff and plaintiff's ex-husband, Dr. Michael Stavropoulos, allegedly saw the lettuce on the floor of defendant's restaurant. The defendant further contended that plaintiff was unable to establish the elements necessary to meet her burden of proof. The plaintiff brought this action against the defendant based on several theories of recovery, including premises liability and negligence.

Settlement Discussions

The plaintiff's original demand was $2.2 million later reduced to $1 million (C.C.P. º998) and, finally, to $865,000 before trial at the crash settlement conference. The defendant made a C.C.P. º998 offer of compromise for $27,500.

Specials in Evidence

$ _______ $ _______ $ _______ $ _______

Damages

The plaintiff claimed future loss of earnings exceeding $1 million in general damages, stemming from the need for a total hip replacement.

Injuries

The plaintiff claimed an injury to her hip requiring a total hip replacement.

Other Information

The verdict was reached approximately one year and two months after the case was filed.

Deliberation

seven hours

Poll

10-2

Length

five days (bifurcated)


#79668

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