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
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