Facts

Plaintiff Julie Sparrow fell while shopping in a convenience store at an ARCO station in Riverside County.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she fell on account of a slippery floor caused by water leaking from a refrigeration unit supplied to the ARCO station by a third party beverage company, and by the use of an improper floor cleaner. The staff at the station had notice of the leak. The plaintiff further contended that a third party beverage company furnished a defective cooler.

DEFENDANT'S CONTENTIONS:
The defendants contended that plaintiff fell as a result of her knee giving out due to a prior injury or as a result of her own inattention.

The third party beverage company contended that it had no notice of a leaking refrigerator, and that there was no evidence the unit was defective. ARCO station contended there was no proof the cleaner used on its floors was insufficient.

Settlement Discussions

The plaintiff made a C.C.P. section 998 demands of $100,000 to RTS Partnership and separate $100,000 to the third party beverage company. The defendants made a C.C.P. section 998 offer of $7,499 and $50,000.

Specials in Evidence

$15,000 $10,000

Injuries

The plaintiff suffered comminuted fracture of patella (shattered kneecap) requiring two surgeries, two rounds of physical therapy, and leaving residual pain.

Result

The case settled for $100,000 with ARCO station entities paying 60 percent and the third party beverage company paying 40 percent of the settlement.

Other Information

FILING DATE: Dec. 7, 2007