Facts

Jean Schellenberg was injured at Flaherty's Seafood Grill in Carmel after she ran into a bus boy while exiting the ladies room. Schellenberg, 61, filed a lawsuit against Flaherty's, alleging negligence and premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant negligently trained its employees. The bus boy that collided with the plaintiff was running down the hallway near the restrooms with numerous plates in his hands. He was not paying attention to where he was going, otherwise he would have seen the plaintiff exiting the bathroom and could have either avoided colliding into her, or could have warned her that he was approaching. In addition, plaintiff's counsel argued that the defendant's floor plan and layout was unsafe because coming out of the restroom, there was a blind turn into the hallway where there was a lot of foot traffic.

DEFENDANT'S CONTENTIONS:
With the testimonial support of its restaurant management expert, the defendant denied that its staff was negligently trained, or that its layout was unsafe. The defense held the plaintiff responsible for the collision. In its account of the accident, the defendant contended that it was the plaintiff who ran into the bus boy who was walking, not running through the hallway. The defense planned to challenge the extent of the plaintiff's injuries.

Settlement Discussions

The plaintiff demanded $50,000 and the defendant offered $7,500 (C.C.P. 998).

Specials in Evidence

$70,000.

Damages

The plaintiff sought damages for pain and suffering. The plaintiff's husband, Thomas Schellenberg, claimed loss of consortium and loss of services.

Injuries

The collision caused the worsening of a pre-existing injury in the plaintiff's neck and shoulder. The plaintiff underwent arthroscopic surgery on her shoulder and a cervical fusion to correct her condition.

Result

Defense verdict.

Deliberation

40 minutes

Poll

12-0

Length

three days