Helen Greenwood v. Michael Curran, Steven Curran, Mother's Cookies & Cake Company
Published: Jan. 23, 1999 | Result Date: Nov. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: VC021775 Verdict – $84,667
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Eric V. Traut
(Traut Firm)
Defendant
Experts
Plaintiff
Richard A. Katz
(medical)
Defendant
Edmund Dombrowski
(medical)
Facts
On June 24, 1996, plaintiff Helen Greenwood, an 80-year-old woman, was shopping at a Von's grocery store in Corona. As she walked past the double swinging doors in the rear of the store, defendant Michael Curran's 11-year-old son, Steven, exited one of the doors by backing into the common area of the store pulling a hand cart loaded with boxes of defendant Mother's Cookies & Cake Company cookies. According to plaintiff, Steven backed into her knocking her to the ground. Steven disputed that he hit her, but that if he did, it was the door not his body. The orthopedic surgeon who performed the knee replacement refused to testify as to causation and his pre and post-operative report indicated a diagnosis of degenerative arthritis in the right knee. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $29,900. The defendants made a C.C.P. º998 offer of compromise for $7,500.
Specials in Evidence
$64,666.65
Injuries
The plaintiff claimed that she suffered a torn meniscus in the right knee (disputed) superimposed on severe degenerative arthritis resulting in total knee replacement, contusions to the left hip, left elbow and buttocks and a sprain/strain in her back. The plaintiff claimed that the incident resulted in physical therapy, the surgical repair of her right knee, and a hospital stay for heart problems two months following the surgery.
Other Information
The verdict was reached approximately two years and six months after the case was filed. An arbitration was held on March 25, 1998 before Michael N. Pennell of Klute & Pennell who awarded plaintiff $4,500. The plaintiff requested a trial de novo. The judgment including expert costs were paid.
Deliberation
one day
Poll
12-0 (liability); 10-2 (damages)
Length
four days
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