Cynthia Wells v. Save Mart Supermarkets
Published: May 28, 2016 | Result Date: Jan. 8, 2016 | Filing Date: Jan. 1, 1900 |Case number: 14CECG01206 Verdict – Defense
Court
Fresno Superior
Attorneys
Plaintiff
John R. Waterman
(Waterman Law PC)
Benjamin P. Tryk
(Tryk Law PC)
Defendant
Eric V. Grijalva
(Parker Kern Nard & Wenzel)
Facts
Plaintiff sued defendant after she slipped and fell outside defendant's store in Fresno on May 5, 2012.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she slipped and fell on a wet sidewalk, which was wet because an employee had previously watered nearby plants. She alleged that defendant failed to warn of the wet sidewalk, which created a dangerous condition.
DEFENDANT'S CONTENTIONS:
Defendant contended that it placed three cones around the watered area and removed the excess water after watering. Defense contended that it did everything possible to ensure the area was safe and that it was in compliance with the law.
Settlement Discussions
Plaintiff made a CCP Section 998 demand for $124,999 and the defense countered with a Section 998 offer of $34,501.
Damages
Plaintiff sought $440,000 in damages at trial.
Injuries
Plaintiff claimed she sustained a tear to the meniscus of her right knee, a tendon injury to her left thumb, a torn labrum in her left hip, and pain in her neck and back. She ultimately underwent surgery on her knee.
Result
The jury returned a unanimous defense verdict.
Other Information
FILING DATE: April 30, 2014.
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