Facts

The plaintiff, a 64-year-old truck driver, slipped and fell on diesel fuel and water at the Flying J Truck Stop in
Bakersfield.

PLAINTIFF CONTENTIONS:
The plaintiff contended that the defendant had 10-20 diesel fuel spills per shift
and that he fell due to a diesel fuel spill. The plaintiff further contended that the clean-up man was not around
and the spill was old.
The defendant contended that the plaintiff fell due to prior injuries and medical
conditions. He had a history of falls and his description of how he fell indicated he tripped. The defendant

Settlement Discussions

The plaintiff demanded $425,000. The defendant offered $21,500

Specials in Evidence

$25,817 $74,500 $130,400 $95,175

Injuries

The plaintiff suffered closed head injuries, neck sprain, lumbar disc bulge and head contusion. The plaintiff also suffered memory loss, depression, headaches and back pain as residuals.

Other Information

<M>Motion for new trial was denied.</M>

Deliberation

one day

Length

six days