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Personal Injury
Premises Liability
Store Negligence

Samuel Shabaglian v. Costco Wholesale Corporation

Published: Jul. 19, 2008 | Result Date: May 23, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 06CECG01073 Verdict –  $363,286

Court

Fresno Superior


Attorneys

Plaintiff

Jacob J. Rivas
(Law Office of Jacob J. Rivas)


Defendant

Michael D. Ott
(Ericksen Arbuthnot)


Experts

Defendant

Donald R. Huene
(medical)

Facts

Plaintiff Samuel Shabaglian was struck by a malfunctioning forklift while waiting to make a delivery in the receiving area of a Costo Wholesale Corporation store in Fresno.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contented that Costco was negligent in operating its forklift and, as a result, he sustained injuries to his shoulder and back.

DEFENDANT'S CONTENTIONS:
Costco conceded liability for the back injury but contended the shoulder injury was a pre-existing condition.

Damages

Shabaglian sought $15,670.21 for past medical expenses, $24,000 for lost wages plus $264,000 for pain and suffering.

Injuries

Shabaglian sustained injuries to his right shoulder and back.

Result

The jury returned a $363,286.21 verdict for Shabaglian.

Deliberation

half day

Poll

12-0

Length

five days


#92913

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