David and Violet Hammonds v. Toys "R" Us
Published: Apr. 9, 1994 | Result Date: Mar. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: 282607 – $117,000
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Joshua S. Goodman
(Goodman, Neuman & Hamilton LLP)
Experts
Plaintiff
Michael C. Davis
(medical)
Michael Tatoyan
(technical)
Ward Studt
(medical)
Defendant
Peter B. Salamon
(medical)
Robert G. Liptar
(technical)
Facts
On January 8, 1992, Plaintiff David Hammonds, a 36-year-old self-employed appliance repairman, entered the Defendant Toys 'R Us store in Modesto, with his family. They stopped for a short time in the entryway. While Plaintiff was bending over their stroller (carrying their 6-month-old child), an employee pushed a string of 20 shopping carts toward him. Plaintiff was able to push the carts out of the way.
Settlement Discussions
Plaintiff contends they made a 998 demand in the amount of $45,000 increased to $95,000 and Defendant offered $22,500.
Specials in Evidence
$4,000 $13,000 yes, unspecified yes, unspecified
Injuries
Contusions at the left shoulder, arm, ribs, and back as well as soft tissue neck and back -- all requiring ongoing physical therapy. Plaintiff's wife claimed loss of consortium injuries.
Other Information
A prior arbitration resulted in a Plaintiff's award in the amount of $17,000 and $3,000 for Plaintiff's wife; trial de novo by Plaintiff.
Deliberation
9 hours
Poll
10-2
Length
8 days
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