This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Negligence
Fall

Sarah Davidson v. Costco Companies, Inc.

Published: Jul. 11, 1998 | Result Date: Feb. 26, 1998 | Filing Date: Jan. 1, 1900 |

Case number: LC032519 Verdict –  $0

Judge

Bert Glennon Jr.

Court

L.A. Superior Central


Attorneys

Plaintiff

James W. Vititoe
(Vititoe Law Group)

Theodore C. Phlegar


Defendant

Blenda Eyvazzadeh


Experts

Plaintiff

Alex J. Balian MBA
(technical)

Joel E. Schechter
(technical)

Alfred N. Roven
(medical)

Chadwick E. Smith
(medical)

Defendant

Michael V. Nicholas
(technical)

Peng Thim Fan
(medical)

Charles R. Sadler
(medical)

Edwin O. Terino
(medical)

James G. Kent Ph.D.
(technical)

Facts

On June 8, 1994, plaintiff Sarah Davidson, a 38-year-old woman, was injured while shopping in defendant Costco Companies Inc.'s store in Van Nuys. While walking down an aisle, the plaintiff and a Costco employee collided. The plaintiff fell to the floor. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff contended that the defendant's employee was negligent in either turning a corner and walking into her, or in failing to change his path to avoid a collision with a customer. The defendant contended that its employee acted reasonably at all times; and that the plaintiff was negligent for stepping into the employee's path.

Settlement Discussions

The plaintiff made a settlement demand for $250,000, reduced to $165,000. The defendant made a C.C.P. º998 offer of compromise for $15,000.

Injuries

The plaintiff alleged a tear in her left pectoralis muscle; reconstructive surgery to her left breast implant; a 6 mm disk herniation at C5-6; and aggravation of fibromialgia.

Other Information

The verdict was reached approximately two years and eight months after the case was filed. A mediation was held on Oct. 24, 1997, before retired judge Greer Stroud of JAMS, resulting in no settlement.

Deliberation

two hours

Poll

10-2

Length

eight days


#91179

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390