Suesan Perry v. Wal-Mart Stores, Inc.
Published: Jul. 25, 1998 | Result Date: Jun. 11, 1998 | Filing Date: Jan. 1, 1900 |Case number: VCV08334 Verdict – $11,816
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Patrick F. Brennen
(medical)
Facts
On Feb. 1, 1995, plaintiff, Suesan Perry, a 29-year-old executive secretary, (temporarily unemployed due to maternity leave), was shopping at the Wal-Mart in Victorville with her mother, father, small child, and newly born baby who was inside the shopping cart. She pushed the cart down the wallpaper aisle when a 3-by-4 hanging metal rack fell onto her neck, back and left shoulder. The plaintiff denied striking the rack with her cart. (Per the defendant, independent witnesses testified that she grazed the rack when it suddenly fell onto her.) The plaintiff contended that defendant Wal-Mart created a dangerous condition, and that her shoulder was in good condition before this incident. The defendant contended that the plaintiff's five prior automobile accidents were a better explanation for her shoulder injury, and that the plaintiff's credibility should be called into question due to her alleged hiding of relevant medical history from her prior physicians and from the defendant during discovery. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $45,000. The defendant made a C.C.P. º998 offer of compromise for $17,001 on Jan. 13, 1998.
Specials in Evidence
$6,816 $27,000 $10,000 to $12,000
Injuries
The plaintiff complained of left shoulder and left arm pain. Magnetic resonance imaging revealed a probable tear and degeneration of the superior and inferior labra, synovitis and tendonitis of the rotator cuff. She was advised of the necessity for arthroscopic surgery and rehabilitation.
Other Information
The verdict was reached approximately three years and five months after the case was filed. ARBITRATION: An arbitration was held on July 24, 1997, before Dennis Wagner, resulting in an award of $45,000. The defendant requested a trial de novo.
Deliberation
five hours
Poll
12-0 (negligence); 10-2 (causation)
Length
four days
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