Mary Mallon-Chavez v. Alpha Beta Company, et al.
Published: Aug. 30, 1997 | Result Date: Jul. 24, 1997 | Filing Date: Jan. 1, 1900 |Case number: NC010928 Verdict – $303,568
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Bruce M. Brusavich
(Abir, Cohen, Treyzon & Salo LLP)
Defendant
Experts
Plaintiff
S.J. McColgan
(medical)
Maher Sesi
(medical)
R. Bruce Ramm
(technical)
Defendant
Roger L. Langner
(technical)
David Gelles
(medical)
Facts
On March 14, 1992, plaintiff Mary Mallon-Chavez, a 38-year-old flight attendant, was shopping at defendant Alpha Beta when she was mugged in the parking lot. Defendant Alpha Beta took over the market on Oct. 1, 1990. The plaintiff claimed that on Oct. 31, 1990, and Nov. 1, 1990, customers were robbed in the parking lot at gunpoint. Over the next 14 months, three women, including one employee were robbed or mugged in the parking lot. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,999. The defendants made an offer of compromise for $30,000.
Specials in Evidence
$29,152 $24,416
Injuries
The plaintiff claimed soft-tissue sprains and strains, a torn meniscus requiring arthroscopic surgery three months later, dizziness six months later (diagnosed as post traumatic inner ear disturbance) that resolved with treatment and emotional distress.
Other Information
The verdict was reached approximately four years and four months after the case was filed. An arbitration was held before Lloyd Blanpied, Jr. retired, resulting in a defense award. The plaintiff requested a trial de novo. The court granted the plaintiff's motion for directed verdict on affirmative defense of the plaintiff's comparative fault. The court found no duty on the plaintiff to comply with the demands of assailant.
Deliberation
1½ days
Poll
11-1 (damages), 10-2 (liability)
Length
7 days
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