George Heiner, D.D.S. v. Kmart
Published: Jul. 18, 1998 | Result Date: Jan. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: H1838967 Verdict – $3,800,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joseph M. Grant
(medical)
Arthur J. Ting
(medical)
Jeffrey G. Riopelle
(medical)
Phillip H. Allman III, Ph.D.
(technical)
John H. Christman
(technical)
Edward E. Cremata
(medical)
Robert S. Gartrell
(technical)
Defendant
Thomas C. Thomas
(technical)
John J. Lavorgna
(medical)
Facts
On March 11, 1995, plaintiff Dr. George Heiner, a 37-year-old dentist, was injured while he was a patron at defendant KMart store. The plaintiff entered the store to return a portable telephone. He provided certain personal information on a refund slip but was then informed he could not return the phone because his credit card charge slip did not meet the requirement of a "sales receipt." The plaintiff requested return of his personal information which was denied, so he picked up the bundle of refund slips from the counter and walked toward the exit. The defendant's security guard followed him, a scuffle ensued, and the plaintiff was held until police arrived. The police refused to arrest him because no crime had been commited. The plaintiff brought this action against the defendant based on negligent hiring, supervision and training; and battery theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $1.8 million. The defendant made an offer of compromise for $10,000.
Specials in Evidence
$25,000 approximately $4.7 million
Injuries
The plaintiff alleged a torn rotator cuff with shoulder impingement, and residual lifetime disability. He underwent surgery in March 1997 which partially corrected the condition.
Other Information
The verdict was reached approximately three years after the incident. POST-TRIAL MOTIONS: The defendant's motion for a new trial was denied. The defendant has appealed.
Deliberation
one day
Poll
varied
Length
22 days
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