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Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Ronald Cardenas v. Walmart Stores, Inc.

Published: Mar. 13, 1999 | Result Date: Feb. 4, 1999 | Filing Date: Jan. 1, 1900 |

Case number: VCV011107 Verdict –  $309,000

Judge

Mark H. McGee

Court

San Bernardino Superior


Attorneys

Plaintiff

Philip H. Dunn
(Dunn, Carpio & Turner)


Defendant

Barry C. Snyder
(Snyder Burnett Egerer LLP)


Experts

Plaintiff

Bernard Slavin
(technical)

Barbara Lies
(technical)

Gerald Schiff
(technical)

Patrick F. Brennen
(medical)

Defendant

Irving Gettlemen
(medical)

Facts

On April 1, 1996, the plaintiff was at the Walmart Store in Victorville and was bent over reaching for a can of soda out of the soda machine when he was struck in the rear by a column of shopping carts, which were being pushed into the store by two cart crew employees. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The defendant offered nothing.

Specials in Evidence

$66,000 $187,000

Injuries

The plaintiff sustained disc protrusions in his lower back and neck, ultimately causing the need for neck surgery

Other Information

An arbtiration was held on March 18, 1998, before Richard L. Quint, resulting in an award of $150,000. Motion for new trial is pending. The defendant requested a trial de novo. Philip Dunn was substituted in to try the case just prior to trial.

Deliberation

five days

Poll

12-0

Length

seven days


#80197

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