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
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
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