Facts

On Nov. 10, 2002 at 6:30 p.m., the plaintiff, 60, after finishing her shopping and walking back to her car, claimed to have tripped over a concrete handicapped wheel stop in the Whole Food's parking lot. The plaintiff sprained her wrist.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Whole Foods was negligent on several different grounds: that inadequate lighting in the parking lot existed such that a person could not see the wheel stop; improper design of the parking lot as it related to the use of wheel stop; and the improper placement of the wheel stop in relation to the crosswalk used by customers.

DEFENDANT'S CONTENTIONS:
Whole Foods contended that the lighting was more than sufficient to illuminate the entire parking lot existed; that the parking lot was properly designed with the use of wheel stops; that the wheel stops were in compliance with the ADA and required by the Los Angeles County Building Code. The defendant also contended that the plaintiff made the decision to walk outside the crosswalk and therefore undertook the responsibility to watch where she was walking.

Settlement Discussions

The plaintiff's last demand before trial was in excess of $50,000. The defendant made a C.C.P. Section 998 offer of $5,001.

Damages

The plaintiff claimed $6,000 in medical specials; $200,000 in lost earnings and additional monies invested in her business; and past and future pain and suffering in excess of $500,000.

Other Information

The plaintiff filed a motion to tax costs which was partially granted and partially denied. After the plaintiff's motion to tax costs was decided, Whole Foods was awarded costs in the amount of $16,823.

Deliberation

one hour

Poll

11-1 (defense)

Length

eight days