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
Court
Santa Barbara Superior
Attorneys
Plaintiff
Diane M. Corwin
(Cheong, Denove, Rowell, Bennett & Hapuarachy)
Defendant
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390