Mirian Hernandez v. Ralphs Grocery Company, Chun Ok Wilson
Published: Jan. 23, 1999 | Result Date: Aug. 24, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC171537 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Gregory E. Stone
(Stone Dean LLP)
Experts
Plaintiff
Aline Smith
(medical)
Santiago Zamudio
(medical)
M. Joel Scheinbaum
(medical)
Facts
Plaintiff Mirian Hernandez was shopping at a Food-4-Less grocery store in Los Angeles. The store was very crowded on that date and the plaintiff, after selecting certain items, decided not to purchase anything. She placed the items at the entrance to the check stand and then proceeded to walk through the check stand without purchasing any items. The defendant cashier reported that, she alleged that she observed the plaintiff carrying a large purse with an exposed bottle of water. The plaintiff reported that there was no testimony to that effect. As the plaintiff passed through the check stand, she proceeded to the exit of the store wherein a security check point system allegedly sounded. The plaintiff alleged that the system did not sound or make a "beep." Defendant, Chun Ok Wilson then approached the plaintiff and asked to inspect her purse. The plaintiff alleged that the defendant physically attacked her. The defendant alleged that no physical force whatsoever was used. A dispute arose as to whether or not anything was stolen from the store. The manager of the defendant Food-4-Less then offered the plaintiff a $25 gift certificate. The plaintiff declined, and later filed this lawsuit. The plaintiff brought this action against the defendants based on battery, false imprisonment and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $25,000 as to defendant Chun Ok Wilson and $100,000 as to defendant Food-4-Less. The defendants made a C.C.P. º998 offer of compromise for $12,001.
Specials in Evidence
$5,000
Damages
The plaintiff asked the jury for $300,000.
Injuries
The plaintiff claimed soft tissue injuries, pain and suffering and emotional/psychological distress.
Result
POST-TRIAL MOTIONS: The plaintiff's motions for judgment notwithstanding the verdict and a new trial were denied.
Other Information
The verdict was reached approximately one year and three months after the case was filed. An arbitration was held before attorney Lawrence Blumberg, resulting in an award of $12,500 for plaintiff. The plaintiff requested a trial de novo. An independent security guard working for Wells Fargo Security (not a party to the action) stated that the plaintiff used profanities and racial slurs towards the defendant, Chun Ok Wilson. This was denied by the plaintiff.
Deliberation
30 minutes
Poll
11-2
Length
five days
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