News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM OBTAINS FAVORABLE TRIAL RESULTS FOR STORE OWNER CLIENT!

Firm Partner Charles May and Senior Associate Gene Sharaga recently obtained a favorable trial result for a store owner client!

In this case, plaintiff, a 46 year-old dental hygenist and mother of four, visited defendant's store in Bakersfield, California on March 22, 2005, to purchase wallpaper removal products. While browsing in aisle six, an employee of the Firm's store owner client was utilizing a fourteen foot ladder to down stock merchandise on aisle seven. While repositioning two boxes that measured approximately 3 feet by 6 inches by 6 inches, one of the boxes slid back towards aisle six, falling a height of approximately nineteen feet and striking plaintiff on the head. The box weighed 8 1/4 pounds.

As a result of the impact from the box, plaintiff was knocked to the floor, dazed, and her glasses flew some twelve feet from her. Plaintiff was immediately assisted by several store employees while she remained seated on the floor for twenty minutes. Plaintiff complained of immediate throbbing head pain and a horrible headache. After some time, she was able to drive herself home. Plaintiff continued to experience head pain and subsequently started feeling more and more dizzy with right-sided hearing loss. Plaintiff's husband drove her to a local ER later that evening.

By early 2006, plaintiff claimed a two-level disc herniation, extrusion at C5-6,C6-7, TMJ, continuing headaches, radiating pain in her neck through her shoulders and back, and difficulty sleeping. Past medical specials totaled approximately $12,000.00 with future medical specials claimed in excess of $100,000.00 for both a two-level cervical fusion and adjacent disc fusion approximately 10 to 15 years in the future. Fusion surgery was scheduled for December 21, 2006.

Plaintiff claimed loss of earnings (past) in the amount of $2,150.00 (8.5 days at $250 per day) and future loss of earnings for time lost from work for surgery, recovery, and doctors' appointments (best case scenario) in excess of $100,000.00 - to inability to continue working as a dental hygenist (worst case scenario) in excess of $600,000.00.

The Firm's store owner client admitted liability prior to trial, but disputed causation for most of plaintiff's claimed injuries. The orthopedic and neurosurgical experts retained by the Firm on behalf of its store owner client testified that plaintiff sustained an axial compression injury that could have injured one or more discs, that left her with persistent neck and bilateral upper extremity symptoms. It was noted that plaintiff had no focal physical findings and symptoms that were inconsistent with the MR findings. Plaintiff also sustained some neck - upper back soft tissue injuries - aggravation resulting from 1996, 2002 and August 21, 2006 motor vehicle accidents.

Prior to trial plaintiff served a CCP 998 for $750,000.00. There was no lower demand at any time. On behalf of its store owner client, the Firm subsequently served a CCP 998 for $150,000.00.

An eight-day jury trial, from October 30, 2006 to November 9, 2006, before Judge Chapin, resulted in a verdict for plaintiff in the amount of $35,506.17 (more than $720,000 less than plaintiff's 998 Offer; and significantly less than the $1.2 million and $2.2 million plaintiff asked the jury to award here). On behalf of the store owner client, the Firm had asked the jury to award between $20,000.00 and $25,000.00.

Following the verdict, plaintiff's motion for new trial was denied. Plaintiff's costs post motion to tax were $2,533.05 for a total verdict of $38,024.27. Defendant's costs post motion to tax were $44,674.42 for a net judgment of $6,635.20 in favor of the Firm's store owner client!

Plaintiff recently offered to waive appeal (in process) for a waiver of the $6,635.20 costs judgment in favor of the Firm's store owner client. On February 6, 2007, the store owner client agreed - resulting in no monies being paid to plaintiff!

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Related Attorney(s):
Charles May
Gene B. Sharaga

Related Practice Area(s):
Business and Intellectual Property Law
General Litigation
Real Estate and Construction Law