Neal Brown v. Carrow's Restaurants, Inc.
Published: Oct. 25, 1997 | Result Date: Sep. 1, 1997 | Filing Date: Jan. 1, 1900 |Case number: 96AS02604 – $2,345
Facts
On Jan. 7, 1996, plaintiff Neal Brown, a 66 year-old man, stepped into the bathroom at Carrow's Restaurant and his right foot slipped out from under him. The plaintiff claimed he had observed nothing on the floor before his fall but, as he was lying on the floor, it felt wet. Plaintiff sustained a concussion and was taken to the emergency room. Over the next year he had some physical therapy and an MRI. Plaintiff's wife and adult son testified that they observed water on the floor. The Carrows manager admitted that the floor had just been mopped but that he had removed the cones because he felt it was dry. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $7,000. The defendant made a C.C.P. º998 offer of compromise for $4,000.
Damages
Plaintiff asked for $4,400 in special damages plus general damages.
Result
$2,345.23
Other Information
The verdict was reached approximately 1 year and 3 months after the case was filed. An arbitration was held on Jan. 29, 1997, before Stephen R. Chew of Cuneo, Black, Ward & Missler, resulting in an award of $7,000. Defendant requested a trial de novo.
Deliberation
4+ days
Poll
12-0
Length
four days
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