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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Isabelle Goldstein v. Latif Zoura dba Mr. Liquor

Published: Jun. 21, 2001 | Result Date: Apr. 30, 2001 | Filing Date: Jan. 1, 1900 |

Case number: GIE002183 Verdict –  $0

Judge

Victor E. Bianchini

Court

San Diego Superior


Attorneys

Plaintiff

Matan Drelich

A. Eli Galam


Defendant

John J. Higgins


Experts

Plaintiff

Guy W. Winton III
(technical)

Carl A. Beels
(technical)

Brent Howard
(medical)

Defendant

Carl Sheriff
(technical)

Facts

Plaintiff Isabelle Goldstein was an 81-year-old patron of Mr. Liquor who had stopped in the store to purchase
some lottery tickets. The plaintiff claimed to have been to the store approximately 12 times prior to the
incident. She claimed that as she approached the store, she suddenly hit something with her foot and fell. She
claims no recollection of any event after the fall until the following day when recovering in the hospital
following hip replacement.

Settlement Discussions

At the mandatory settlement conference on April 17, 2001, the plaintiff demanded $125,000. Approximately eight days before trial, the plaintiff made a C.C.P. Section 998 demand of $49,999.99. The plaintiff requested that the jury return a verdict of $125,000. The defendant offered $1,500 at the mandatory settlement conference. The defendant had previously made a C.C.P. Section 998 offer of $1,500 which was supplemented by a C.C.P. Section 998 offer of $4,000 two weeks before trial.

Specials in Evidence

$28,000

Injuries

The plaintiff suffered a fractured hip and subsequent hip replacement surgery following the incident. The plaintiff also produced into evidence bills relevant to a live in assistant to help her due to the injuries suffered as a result of the surgery since the death of her husband in March 2000.

Other Information

<A>The matter was arbitrated in December 2000 before David B. Holnagel. The arbitration award was also a defense verdict.</A>

Deliberation

one hour

Length

five days


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