Yolanda Pedregon; Cruz Pedregon v. Wal-Mart Stores, Inc.
Published: Apr. 19, 1997 | Result Date: Apr. 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: VC018505 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
David H. Greenberg
(Law Office of David H. Greenberg)
Defendant
Barry C. Snyder
(Snyder Burnett Egerer LLP)
Experts
Plaintiff
B.K. Misto
(medical)
Charles E. Turnbow
(technical)
Steven J. Nagelberg M.D.
(medical)
Defendant
Chadwick E. Smith
(medical)
Facts
On Oct. 23, 1994, plaintiffs Cruz Pedregon, a 35-year-old trucking company proprietor, and his wife Yolanda, a 50-year-old non-salaried assistant in her husband's company, were shopping in defendant Wal-Mart Store, Inc.'s store in Cerritos. After shopping for about one hour, the plaintiffs split up briefly. The plaintiff husband discovered his wife's favorite flavored water in an aisle and called her to join him. The plaintiff wife pushed the shopping cart toward the aisle and slipped and fell as a result of a light-blue soapy substance in the main aisle. The plaintiff wife weighed approximately 220 pounds. The plaintiffs, husband and wife, brought this action against the defendant store based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $150,000 (plaintiff Yolanda) and $2,000 (plaintiff Cruz). The defendant made no settlement offers.
Damages
The plaintiffs asked the jury for an award of $574,250.
Injuries
The plaintiff wife alleged she suffered knee injuries requiring total knee replacement on both knees in the future. She underwent arthroscopic surgery on her left knee one year before the accident and claimed a good recovery. She claimed she was required to undergo additional surgeries on both left and right knees as a result of the accident. She claimed experienced a good result on the right knee but still had significant problems with the left knee, which required the use of a cane. The plaintiff husband claimed loss of consortium.
Other Information
The verdict was reached approximately one year and six months after the case was filed. A settlement conference was held on March 3, 1997. It did not resolve the matter.
Deliberation
2 hours
Poll
10-2
Length
5 days
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