Facts

Barbara Western was exiting Save Mart Supermarket in Fresno around dusk when she stepped into a divot in the parking lot, causing her to trip and fall forward. She suffered injuries as a result thereof and sued the supermarket for premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant negligently maintained its premises, creating a dangerous condition. Plaintiff contended that the divot was created by pods used by a contractor from a construction project several years before the incident. She further contended that the divot was filled with rainwater, which made it very difficult to see when combined with the dusk sky.

DEFENDANT'S CONTENTIONS:
Defendant contended that the divot was not a dangerous condition, and was rather an open and obvious condition typically found in parking lots. Defendant, thus, contended that Plaintiff failed to pay attention, thereby causing her to trip and fall.

Damages

Western sought recovery of $60,464 for past medical costs; $83,774 for future medical costs; $103,195 for past loss of earnings; $154,000 for future loss of earnings; $500,000 for past pain and suffering: and $500,000 for future pain and suffering. The supermarket disputed Western's claim for future wage loss and earning capacity and presented a sub rosa video of Western working at Walmart, showing her performing laborious activities.

Injuries

Western tripped and fell to the ground, and claimed an injury to her left shoulder. She underwent an X-ray of her left, non-dominant arm, which came up inconclusive. Within a week of physical therapy, her arm fell out of its socket, and a displaced glenoid fracture was diagnosed. Her original X-ray showed she suffered from a non-displaced fracture. He then underwent an open reduction and internal fixation surgery on her left shoulder, followed up with nearly eight months of physical therapy. She continued to suffer from pain, discomfort, and limited range of motion in her left shoulder. Her treating and expert orthopedic surgeons opined that she was a candidate for a full left shoulder replacement.

Result

The jury found Save Mart 70 percent at fault, and Western 30 percent at fault. The jury also found that Western's total damages amounted to $150,500. Thus, her award was reduced to $105,350, which included $4,000 for past medical cost; $10,000 for future medical cost; $26,000 for past lost earnings; $10,500 for future lost earnings; $50,000 for past pain and suffering; and $50,000 for future pain and suffering.

Deliberation

five hours

Length

nine days