This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Slip and Fall

Gloria Badiyo v. Burger King Corporation

Published: Feb. 4, 2006 | Result Date: Oct. 28, 2005 | Filing Date: Jan. 1, 1900 |

Case number: CIV437858 Verdict –  $6,060

Judge

Elizabeth A. Leedom

Court

San Mateo Superior


Attorneys

Plaintiff

Norman C. Newhouse


Defendant

Paula M. Shaw
(McDowell, Shaw & Garcia)


Experts

Plaintiff

Dennis Nakamura
(medical)

Bambi Menes
(medical)

Defendant

Gordon L. Levin M.D.
(medical)

Facts

Gloria Badiyo, 48, was at a Burger King in Redwood City when she allegedly slipped on some water on the floor. As a result, Badiyo fell and was injured. She sued Burger King Corp., claiming premises liability and negligence of one of its employees.

Settlement Discussions

The plaintiff demanded $48,378 and the defense offered $30,000 (both pretrial).

Specials in Evidence

$7,140 in hospital bills; $175 for chiropractic treatment; $825 for massage therapy The plaintiff asked for four months worth of lost wages.

Damages

The plaintiff requested $100,000 for pain and suffering. The plaintiff asked for four months worth of lost wages.

Injuries

The plaintiff claimed she began suffering from chronic pain syndrome as a result of a lower back injury and sprain of the sacroiliac joint. The plaintiff received physical therapy and chiropractic treatment. She was also recommended for an epidural steroid injection.

Result

$6,060.

Other Information

At mediation, the plaintiff demanded $116,000.

Deliberation

90 minutes

Poll

9-3

Length

five days


#81442

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390