Idalia Morgutia v. Vallarta Food Enterprises Inc.
Published: Aug. 16, 2014 | Result Date: Mar. 12, 2014 | Filing Date: Jan. 1, 1900 |Case number: 12CECG02131 Verdict – Defense
Court
Fresno Superior
Attorneys
Plaintiff
Jonathan G. Netzer
(Netzer & Malmo)
Defendant
Manuel Garcia
(Peel Garcia LLP)
Experts
Plaintiff
Sami Youssef
(medical)
David J. Wright
(medical)
Facts
Idalia Morgutia sued Vallarta Food Enterprises Inc., in connection with a food product she purchased from a Vallarta Supermarket in Fresno.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she fractured three of her teeth when she bit down on a piece of metal from a store-made guacamole she purchased from Vallarta Supermarket. Plaintiff alleged that defendant was negligent in placing the "metal" nut in the guacamole.
DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was lying. Defendant also claimed that plaintiff's teeth problems were pre-existing.
Settlement Discussions
Plaintiff demanded $15,000 in settlement. Defendant offered to settle for $5,000.
Damages
Plaintiff requested $350 for lost earnings, $1,000 for past medical expenses and $9,000 for future medical expenses.
Injuries
Plaintiff fractured three of her teeth, making it difficult for her to eat.
Result
The jury's verdict was in favor of Vallarta.
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