Facts

Sixty-four-year-old plaintiff Acosta Almanza alleges that she tripped and fell over a six-wheel merchandising cart that had been placed behind her by store personnel while she was in the process of selecting a bag of sugar from a display across from the check stands.

Her care giver, plaintiff Navarro, alleged that she was injured in the process of helping plaintiff Acosta Almanza up off the floor. As a result of the fall, plaintiff Acosta Almanza suffered a torn rotator cuff and underwent surgical repair. Plaintiff Navarro suffered a tear of the triangular fibrocartilage of the right wrist with a recommendation for surgical repair.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that an employee moved a merchandising cart behind plaintiff Acosta Almanza after she left the check stand and went over to a display to pick out a five pound bag of sugar. After selecting the bag and turning to head back to the check stand, she tripped over the cart injuring her right shoulder. Plaintiff Navarro alleges she was injured when she rushed to plaintiff Acosta Almanza's aid and tried to lift her to her feet.

DEFENDANT'S CONTENTIONS:
Defendant denied that the merchandising cart ever moved. The employee that was restocking the display had parked the cart on the side of the display before plaintiffs arrived at the store. Plaintiff Acosta Almanza was in the produce department adjacent to the sugar display when plaintiff Navarro called for her to come to a newly opened check stand.

Plaintiff Acosta Almanza tripped/stumbled and fell next to the merchandising cart in her rush to get to the newly opened check stand. The defendant denied that plaintiff Navarro assisted plaintiff Acosta Almanza to her feet and claimed that plaintiff Navarro was not involved in the incident. The defense also argued that plaintiff Acosta Almanza did not complain of shoulder injury to the paramedics or to her HMO provider immediately after the accident.

Her first complaints of shoulder pain were one month later after plaintiff Navarro had already retained counsel, and filed a workers' compensation claim. The defense argued that the torn rotator cuff was a degenerative tear and the absence of shoulder complaints immediately after the accident argued against a traumatic tear of the rotator cuff.

Settlement Discussions

The demand for each plaintiff at the MSC prior to trial was in excess of $300,000. No offers were extended.

Damages

Plaintiff Acosta Almanza alleged she suffered a torn rotator cuff that required surgical repair. Plaintiff Navarro alleged a torn cartilage to the wrist requiring surgical repair. Workers' comp lien of $45,000 was purchased prior to litigation by the defense.

Deliberation

1.5 hours

Length

five days