Frank M. Bazzo v. Wal Mart Stores Inc.
Published: Jan. 15, 2000 | Result Date: Nov. 8, 1999 | Filing Date: Jan. 1, 1900 |Case number: KC028156 Verdict – $0
Facts
The plaintiff, a 56-year-old male, was looking at the vertical blinds in the domestics department at the Glendora Wal Mart when an 8-foot section of plastic signage fell onto his head. The plaintiff claims to have been simply looking at the prices and color of the blinds closest to the floor at the time of the incident. He denied touching any of the blinds or any other merchandise in the aisle prior to the accident occurring.
Settlement Discussions
The defendant offered $9,000 to settle the matter. The plaintiff's last demand, made in December 1998 was for $611,000. Mediation conducted with IVAMS in Pomona on April 15, 1999, but it did not result in a settlement.
Injuries
The plaintiff claimed tinnitus, a cervical disc protrusion causing neck pain and restricted range of motion, headaches, insomnia, depression and mood swings relating to the incident. The plaintiff claimed an inability to travel to Italy where he conducted a business as a nutritional salesman. As a result, he alleged loss of earnings of $323,000 and future loss of earnings of $1.25 million.
Other Information
Wal Mart brought a motion for nonsuit after plaintiff rested his liability case-in-chief and the motion was granted. The verdict was reached approximately one year and six months after the case was filed.
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