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Personal Injury (Vehicular)
Premises Liability
Forklift

Eva Bonfiglio v. Pace Membership Warehouse

Published: May 7, 1994 | Result Date: Mar. 15, 1994 | Filing Date: Jan. 1, 1900 |

Case number: KC011642 –  $240,218

Judge

Burton Bach

Court

L.A. Superior Pomona


Attorneys

Plaintiff

George E. Moore


Defendant

Daniel P. Aguilera
(Office of the City Attorney)


Experts

Plaintiff

John T. Quigley
(medical)

Balasubramaniam Chandrasekhar
(medical)

Facts

On September 11, 1992, at approximately 10:00 a.m., Plaintiff Eva Bonfiglio, a 60-year-old school bus driver for disabled children, went to Defendant Pace Membership Warehouse in El Monte. She had a shopping cart with which she was making selections. She noticed 2 or 3 forklift truck drivers (employed by Defendant Pace) engaged in "horseplay". Plaintiff avoided that area and walked down another aisle. A forklift truck passed her in the aisle, allegedly driving at a rapid speed. It was driven by Defendant's employee Silvio Caceres who had recently passed his Pace certification exam for forklift driving. She allegedly had to avoid the passage of the forklift by getting to the opposite side of the aisle with her shopping cart; once he passed her, she looked at merchandise on the opposite side of the aisle. The forklift truck then backed up and struck Plaintiff, causing serious injury to her right foot. There were no independent witnesses.

Settlement Discussions

Plaintiff contends her initial demand was 998 in the amount of $999,999 and Defendant offered $250,000. Defendant contends Plaintiff lowered her demand to $750,000.

Specials in Evidence

$65,000 $7,488 $37,450 $65,000

Injuries

Mid-shaft fractures of the tibia and fibula of the right foot requiring multiple surgeries, 39 days hospitalization, amputation of 4 toes due to vascular supply compromise (further up the limb); hip donor site infection requiring extensive home therapy and an in-home nurse for a month; impaired motion, gait, and use of the right foot has disabled Plaintiff from returning to her occupation and will probably require future surgery.

Other Information

VSC was held approximately 9 months before trial by Retired Judge Vernon Foster; MSC was before Judge Burton Bach, trial judge, Motion for New Trial was denied.

Deliberation

2.5 days

Poll

varied

Length

7 days


#90373

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