Robert Madden v. Ralphs Grocery Company
Published: Apr. 26, 1997 | Result Date: Apr. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC138981 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Gregory E. Stone
(Stone Dean LLP)
Experts
Plaintiff
Armen Cherik
(medical)
Howard Grey
(medical)
Facts
On March 17, 1995, plaintiff Robert Madden, a 53-year-old music producer, was walking out of defendant Ralphs Grocery Co. store in Los Angeles when he was detained by two of the defendant's employees, the security guard and store manager. The defendant's employees falsely accused the plaintiff of shoplifting a bottle of rubbing alcohol. The plaintiff, who had a heart condition, experienced chest pain and shortness of breath. The cashier admitted to the defendant's manager and security guard that plaintiff paid for the item. The plaintiff alleged that he was pushed against a magazine rack. A few hours after the incident, the plaintiff went to Cedars-Sinai with complaints of chest pain and shortness of breath. The plaintiff brought this action against the defendant based on negligent infliction of emotional distress, intentional infliction of emotional distress, defamation and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. Per the defendant, the defendant made a settlement offer of $15,000 to $20,000. Per the plaintiff, the defendant made no settlement offer.
Specials in Evidence
$1,800 (per the plaintiff); $75,000 (per the defendant) $100,000
Injuries
The plaintiff alleged he suffered exacerbation of a transient ischemic condition, causing a heart attack and/or stroke, speech pysathria, headaches and dizziness.
Other Information
The verdict was reached approximately one year and five months after the case was filed. A mediation was held a JASOP. It did not resolve the matter. The defendant retained Arthur Kowell, M.D., clinical neurophisology, Encino, but did nto call him to testify. Dr. Kowell performed an I.M.E. on the plaintiff. The defendant was able to get Dr. Kowell's analysis and opionions from his report into evidence through the plaintiff's expert. The defendant deceded not to call Dr. Kowell to save the client $3,500.
Deliberation
1 day
Poll
11-1 (liability for plaintiff) 12-0 (damages)
Length
6+ days
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