Facts

On Dec. 1, 2004, Liliana Madrid was stopping at the shopping center with her two young daughters at around 8 a.m. to buy her daughter a drink at Starbuck's. Finding no available parking spots in front of Starbuck's, she pulled her vehicle part-way into the closest handicapped parking space. Her intent was to have her older daughter, Gabriella, go into Starbuck's and get in line, while Ms. Madrid moved the car to another parking spot. She put the vehicle into parking gear, left the engine running, and exited the car through the driver's door as she began to go around the front of the car to the rear passenger door to let Gabriella out.

Ms. Madrid began walking around the front of the car, but as she turned to cross in front of the car, her right foot slipped on a patch of oil, causing her to lose her balance. As she tried to steady herself, she place her left foot awkwardly onto the pavement and dropped to the pavement.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendants were negligent in the maintenance of their premises, and specifically in failing to take reasonable steps to keep the parking stall clean and free of slippery substances. An oil patch had been permitted to accumulate in the parking stall where plaintiff fell. Plaintiff claimed defendant did not have an adequate inspection or cleaning program in place. Two of defendant's maintenance employees testified that, when operating the parking lot sweeper machine, they did not sweep the parking stall where the slip and fall occurred.

DEFENDANT'S CONTENTIONS:
Defendants claimed they performed daily property inspections, and performed sweeping and cleaning operations every morning, and these were reasonable measures.

Settlement Discussions

Plaintiff's demand per C.C.P. Section 998 was of $100,000. Defendants' offer per C.C.P. Section 998 was of $12,000

Damages

Stipulated Medical Billings, Post-Verdict: $12,051.64. Plaintiff was permitted to present evidence to the jury of total medical billings of approximately $29,171.11, pursuant to Greer v. Buzgheia, which was published a few weeks before trial. The parties then stipulated to a post-trial "Hanif" reduction in accordance with the Greer case.

Injuries

Plaintiff suffered a fracture of her ankle (bimalleolar fracture) and ruptured the deltoid ligament in that ankle.

Result

Jury verdict for plaintiff: $41,332.64 (after Hanif reduction). Plaintiff was assessed 50 percent comparative fault, for a net verdict of $20,666.32, along with costs of suit.

Poll

8-0