Facts

Diane and Phillip Munoz sued Target Corp. in relation to an accident at the store.

PLAINTIFF'S CONTENTIONS:
The Munozes claimed that on Jan. 4, 2010, Diane was at a Target store purchasing some electronics. After making her purchase, Diane tripped and fell over a cart. The fall injured her lower back. The Munozes argued that a Target employee had placed the cart behind her while she was making her purchase. As a result, when she stepped back she did not realize the cart was there and fell over it. She asserted that the employee had created a dangerous condition, and that Target was liable for it.

The Munozes also argued that a surveillance video that would have corroborated their story was destroyed by Target.

DEFENDANT'S CONTENTIONS:
Target argued that the cart was open and obvious, and that it was Diane's fault for not noticing it and falling over it. Target also argued that Diane did not require surgery until substantially after the fall, meaning her injuries were unrelated to it. Target asserted that Diane also had a pre-existing back condition that contributed to her injuries.

Settlement Discussions

The Munozes requested $289,000 to settle, pursuant to CCP Section 998. Target offered $200,000.

Damages

The Munozes requested $189,950 in past medical costs and $226,230 for future medical costs.

Injuries

Diane injured her back, sustaining hairline fractures and requiring back surgery three and a half years after the incident.

Result

The jury found that Target was 80 percent responsible for the accident, and Diane was 20 percent responsible. It calculated that Diane's damages amounted to $539,950, so she recovered $431,960 after a comparative liability offset.

Deliberation

five hours

Poll

11-1 (liability), 10-2 (damages)

Length

six days