Laura Colman v. The Salvation Army
Published: Oct. 14, 2003 | Result Date: May 14, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC789974 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
David B. Holnagel
(Law Office of David B. Holnagel)
Experts
Plaintiff
Joseph Bellezzo
(medical)
Defendant
Peter R. Francis Ph.D.
(technical)
Facts
On June 26, 2001, the plaintiff, a 31-year-old female, claimed that she was shopping at The Salvation Army's thrift store in San Diego. She asked an employee to check on the price of an item (a windsurfer) that was on a shelf. The employer climbed on a sofa to check the price and the plaintiff alleged that he negligently knocked the windsurfer's mast off the shelf and that it struck her in the neck. She sustained injuries and sued The Salvation Army and alleged causes of action for premises liability and negligence. It asserted that it was not liable to the plaintiff and that she was not injured in the incident. The defendant's employees denied knowing anything about the incident although they admitted that there was a windsurfer for sale in the store.
Settlement Discussions
The plaintiff demanded $150,000, subsequently reduced to $5,000 plus past medical specials and for the costs of future surgery.The defendant made a C.C.P. Section 998 offer of $2,500, subsequently increased to $5,000 before the start of trial.
Specials in Evidence
in excess of $50,000
Damages
The plaintiff asked the jury to award $350,000.
Injuries
The plaintiff allegedly sustained a herniated disc at C5-6 and complained of neck and shoulder problems. The plaintiff felt pain a day after the incident and sought treatment at the UCSD Medical Center emergency room where she received treatment on a number of occasions. She later relocated to Idaho and received treatment there. She then returned to California and received treatment at Scripps Clinic and Hospital. He did acknowledge that 20 percent of her injuries were due to this incident.
Deliberation
26 minutes
Poll
12-0 (no negligence)
Length
three days
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