Vida Nabavian v. Loehmann's Inc.
Published: Jun. 14, 2001 | Result Date: Mar. 8, 2001 | Filing Date: Jan. 1, 1900 |Case number: LC045045 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Facts
On July 8, 1997, the plaintiff, age 42, was a customer in defendantÆs Reseda store when she tripped over a
portable clothing rack and fell. The incident was observed by the stockroom clerk and a customer and was
reported by plaintiff to the store manager, who claimed plaintiff complained of a sore ankle. The plaintiff
brought this action based on negligent premises liability.
Settlement Discussions
Sixteen days after the defendant filed a motion for summary judgment, it agreed to take its motion off calendar and to waive costs provided the plaintiff provide a release and request for dismissal prior to the hearing. However, the plaintiff failed to satisfy the conditions and the hearing proceeded.
Damages
The plaintiff claimed $17,556 in medical expenses (some of which overlapped with her subsequent auto accident).
Injuries
The plaintiff claimed to have sustained degenerative disc disease and a broad-based disc bulge as a result of the accident. The plaintiff also claimed to have lower back pain extending to her upper back and radiating to the shoulders, right leg pain from her thigh to ankle, right shoulder pain and headaches as a result of the accident. She claimed the injuries were exacerbated by a car accident approximately four months after this incident.
Other Information
The defendant filed a cost bill for $3,659, which was not challenged. When combined with monetary sanctions, the plaintiff owes the defendant $5,495 plus interest. A mediation was held before Jay S. Bloom.
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