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Personal Injury
Premises Liability
Slip, Trip and Fall

Esmeralda Gonzalez v. 7-Eleven Food Store #13779, 7-Eleven Inc., Jagtar Samra

Published: Apr. 4, 2009 | Result Date: Nov. 19, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 30-2007-00100164 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Marc Lazarus
(Russell & Lazarus APC)


Defendant

Michelle Burr

James R. Wakefield


Experts

Plaintiff

Hamid Rahman
(medical)

Brad P. Avrit P.E.
(technical)

Sandra Schneider
(technical)

Defendant

Stephen A. Mikulak M.D.
(medical)

Carl A. Beels
(technical)

Facts

On Dec. 12, 2006, plaintiff Esmeralda Gonzalez, a 22-year-old veterinary assistant, slipped and fell on the floor of a 7-Eleven in Garden Grove. She filed suit against Jagtar Samar, the franchisee, and 7-Eleven Inc. alleging premises liability.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the floor was wet after mopping, and constituted an unsafe condition.

DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff faked the fall. The floor was not recently mopped and there was no notice of the alleged wet floor.

Settlement Discussions

The plaintiff demanded $150,000 and was offered $10,000.

Damages

The plaintiff sought pain and suffering, past medical expenses, plus past and future lost wages.

Injuries

The plaintiff complained of pain in her knees, and underwent physical therapy. She had an arthroscopy and a lateral release for her left knee, caused by chondromalacia, which she claimed was due to her fall. The plaintiff claimed she could not work for the two years following her fall.

Result

Defense verdict.

Other Information

INSURER: Sedwick Claims Management Services Inc.

Deliberation

45 minutes

Length

seven days


#81963

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