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Personal Injury
Premises Liability
Trip and Fall

Wanda Walters v. Linenbach Auto Parts, Inc.

Published: Aug. 16, 1997 | Result Date: Jun. 30, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 5653704 Verdict –  $0

Judge

Frank J. Creede Jr.

Court

Fresno Superior


Attorneys

Plaintiff

Lori R. Mayfield
(Law Offices of Shawn C. Moore)

David M. Overstreet
(Overstreet & Associates)


Defendant

K. Poncho Baker


Experts

Plaintiff

Gerald D. Martin
(technical)

Joseph T. Capell M.D.
(medical)

Jack Kastorff
(technical)

Facts

On June 29, 1995, plaintiff Wanda Walters, a 59-year-old retiree, was a customer at defendant Linenbach Auto Parts in Clovis. The plaintiff tripped on a mat upon exiting the defendant's store. The plaintiff brought this action against the defendant based on premises liability theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $75,000. The defendant made a C.C.P. º998 offer of compromise for $65,000.

Specials in Evidence

$24,000 $25,000 to $35,000

Injuries

The plaintiff suffered a left wrist fracture, a left patella fracture and a laceration to her forehead reflex sympathetic dystrophy, impingement syndrome to the left shoulder and future left shoulder surgery.

Other Information

The verdict was reached approximately one year after the case was filed.

Deliberation

1 hour

Poll

12-0

Length

6 days


#98954

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