Facts

In 2004, Carticellia McLean was shopping at a Toys R Us store in Riverside. She injured her knee after tripping and falling on a portion of raised carpet. McLean, 50, filed a lawsuit against Toys R Us alleging premises liability.

CONTENTIONS:
The plaintiff claimed that the defendant was responsible for failing to fix the carpet which was a known hazard. The defendant initially took the position that it was unaware of the carpet's condition and was therefore not liable to the plaintiff. Later, the defendant conceded that it had been aware of the condition after plaintiff's deposition of 15 of defendant's employees.

Settlement Discussions

The plaintiff demanded $60,000 (C.C.P. 998) during the trial. The defendant offered $40,000 (C.C.P. 998). According to defendant, plaintiff again demanded $60,000 during trial.

Specials in Evidence

None in evidence; The plaintiff sought $15,000 for past lost wages.

Damages

The plaintiff sought damages for pain and suffering. She also sought other damages including medical expenses and lost earnings.

Injuries

The plaintiff, who suffered from a pre-existing degenerative joint disease, claimed she suffered from chondromalacia, a softening of the cartilage behind the patella.

Result

A jury found in favor of the plaintiff in the amount of $337,000. However, the parties settled for $380,000 before judgment was entered.

Deliberation

two days

Length

four days