Nancy Buskey v. Wal-Mart Stores, Inc.
Published: Dec. 12, 1998 | Result Date: Oct. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: 297167 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Harkeerat Dhillon
(medical)
Defendant
Irvin Gettleman
(medical)
Facts
On June 30, 1996, plaintiff Nancy Buskey, a 37-year-old waitress, was shopping in the heatlh and beauty aids department of the Moreno Valley Wal-Mart when she slipped on a liquid substance that appeared to be soap. She fell to the floor, landing on her buttocks and back. Shortly after the incident, a young boy (approximately 8-9 years old) got the attention of an assistant manager that was in the area and directed the employee to a nearby aisle, where they found an open bottle of liquid soap. The boy said he knew who put the substance on the floor, but could not describe the person. A few minutes later, the boy disappeared. The assistant manager concluded from the circumstances and the boy's demeanor that he had squirted the soap on the floor. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $______. The defendant made a C.C.P. º998 offer of compromise for $______.
Specials in Evidence
$2,500 $28,000
Injuries
MRI reports showed 2.5 millimeter disc bulge at L5-S1, without spinal stenosis. Although plaintiffs medical records indicated that the bulge existed before the Wal-Mart accident, plaintiff claimed that she was in pain-free before her slip and fall at Wal-Mart. She claimed to suffer from intense residual lower back and leg pain from the date of the incident until the date of the trial.
Other Information
The verdict was reached approximately one year and four months after the case was filed. An arbitration was held on April 21, 1998, before Norman P. Courtney, resulting in an award of $40,000 plus costs to the plaintiff. The defendant requested a trial de novo.
Deliberation
25 minutes
Poll
12-0
Length
five days
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