Facts

On Aug. 28, 2009, at 5:30 p.m., Karen Beck, age 59, went to a Ralphs grocery store to use the bank located inside the store. The store was undergoing remodeling, and as she approached the bank counter, she tripped and fell on a trench-plate cover. She suffered a right shoulder injury as a result and sued Ralph's Grocery Co., the general contractor, and the plumbing subcontractor for premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the trench-plate cover was raised one half-inch above the floor, which was a dangerous condition in violation of the California Building Code and constituted negligence per se.

DEFENDANTS' CONTENTIONS:
Defendant contended that the cover did not create a dangerous condition, and even if it was raised one-half inch from the floor, it did not constitute negligence per se given that plaintiff was not a member of the class of person that the provision designed to protect.

Settlement Discussions

Demand: Formal CCP Section 998 for $200,000; Informal demand of $150,000. Offer: CCP Section 998 for $100,000; Informal offer of $110,000.

Damages

Beck sought $200,000 in total damages, which included $28,000 for past medical costs and $25,000 for future medical costs. Her husband also sued for loss of consortium.

Injuries

Beck was taken by ambulance to the emergency room. She sustained a fracture to her right dominant shoulder and underwent surgical release to treat the impingement. Beck claimed that she continued to experience ongoing pain and crepitus due to scar tissue on the surgical site.

Result

The court held that Beck was not entitled to a jury instruction on negligence per se. The jury rendered a verdict for the defense on liability.

Other Information

As a result of various indemnity agreements, Axis Insurance Company, the insurer for Gardner Pipe & Mechanical, Inc. defended all three defendants. It is worth noting that shortly before trial Gardner Pipe & Mechanical, Inc.'s corporate status was suspended and Axis Insurance Company was forced to intervene on its behalf as a named, direct defendant in the trial.

Poll

9-3

Length

eight days