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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Annette Alford v. Vons Grocery Company

Published: Nov. 26, 1994 | Result Date: Nov. 10, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 191420 –  $0

Judge

William L. Jordan

Court

Santa Barbara Superior


Attorneys

Plaintiff

Diane M. Corwin
(Cheong, Denove, Rowell, Bennett & Hapuarachy)


Defendant

Gregory C. Pyfrom


Experts

Plaintiff

Elmore Smith
(medical)

Defendant

Kenneth A. Solomon
(technical)

Jack L. Vandernoot
(medical)

Facts

On March 26, 1991, Plaintiff Annette Alford, a 33-year-old massage therapist, entered Defendant Von's store, located in the La Cumbre Plaza in Santa Barbara, when she allegedly slipped on water and fell.

Settlement Discussions

Defendant contends that Plaintiff demanded $412,129. Offers, if any, were not disclosed. Plaintiff contends that they were willing to accept the arbitration award and that Defendant offered $10,000.

Specials in Evidence

$3,429 (per Plaintiff) $9,289 (per Defendant) $21,000 (per Plaintiff) $32,400 (per Defendant) none (per Plaintiff) $370,440 (per Defendant)

Injuries

As claimed by Plaintiff: Fracture of right elbow requiring emergency room care and follow-up X rays. As claimed by Defendant: fracture of right elbow requiring arthroscopic surgery; serious traumatic arthritic changes to the entire articulate surface of Plaintiff's joint. (Defendant further claimed that subsequent to the arbitration, Plaintiff's traumatic arthritic changes created greater pain and discomfort in her elbow.)

Other Information

Defendant contends that a prior arbitration by William Stewart resulted in a Plaintiff's award of $55,000; trial de novo by Defendant. Plaintiff contends that the arbitration resulted in a Plaintiff's award of $48,000 plus costs.

Deliberation

11 minutes (per Defendant), 35 minutes (per Plaintiff)

Poll

11-1

Length

4 days


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