Joanne Trabert v. Montgomery Ward & Co.
Published: Apr. 26, 1997 | Result Date: Nov. 6, 1996 | Filing Date: Jan. 1, 1900 |Case number: 95CV5536 Verdict – $20,000
Judge
Court
Denver District
Attorneys
Plaintiff
Paul M. Mahoney
(Mahoney & Soll LLP)
Kevin Mahoney
(Mahoney Law Group APC)
Defendant
Experts
Plaintiff
James Urbanic
(Urbanic & Associates)
(medical)
Defendant
Peter Weingarten
(medical)
Facts
On Aug. 14, 1994, plaintiff Jeanne Trabert, a secretary, was walking behind her daughter in a Montgomery Ward store when she tripped over a bath scale and fell. The scale was being used to weigh children for a children's identification program sponsored by the defendan store. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $60,000. The defendant made a settlement offer of $30,000 later raised it $40,000.
Specials in Evidence
$8,469.50
Injuries
The plaintiff alleged that she sustained a ruptured Achilles tendon in the left foot which required surgery. The plaintiff also claimed on-going problems with stiffness and swelling, disfigurement and permanent physical impairment.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference was held in October 1996 before George E. Bently. It did not resolve the matter.
Deliberation
3 hours
Poll
__________ (#s pls.)
Length
3 days
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