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
Court
L.A. Superior Pomona
Attorneys
Plaintiff
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
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