Customer slips on wet Stater Bros. floor. $1.7M. Orange County.
Summary
Frozen food aisle had been restocked before plaintiff's slip and fall.
The Case
- Case Name: Victoria Barbara v. Stater Bros. Markets
- Court and Case Number: Orange County Superior Court / 30-2023-01300974
- Date of Verdict or Judgment: Wednesday, May 14, 2025
- Date Action was Filed: Friday, May 19, 2023
- Type of Case: Premises Liability, Slip and Fall
- Judge or Arbitrator(s): Hon. Michael Strickroth
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Plaintiffs: Victoria Barbara, 73
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Defendants: Stater Bros. Markets
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,741,489.95
- Contributory/Comparative Negligence: None.
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Economic Damages:
Past medical: $119,489.95
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Non-Economic Damages:
Past: $410,000
Future: $1,212,000
- Trial or Arbitration Time: 8 days
- Jury Deliberation Time: 4 hours
- Jury Polls: 8 total jurors. 7-1 on all questions
The Attorneys
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Attorney for the Plaintiff:
Morgan & Morgan by Gavin Long and Fred Rispoli, Irvine.
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Attorney for the Defendant:
Varner & Brandt by Angelica Samaniego and Varner & Brandt, Riverside.
The Experts
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Plaintiff's Medical Expert(s):
Shahryar Ahmadi, M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
Nasser Heyrani, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
Alex Balian, retail store operations.
Facts and Background
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Facts and Background:
Plaintiff was shopping at a Stater Bros. in Huntington Beach. At the time, a frozen food aisle was being restocked. As plaintiff made her way to that aisle to get ice cream, she slipped on a wet spot, fracturing her right patella.
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Plaintiff's Contentions:
Stater Bros. staff failed to inspect the area of the slip within an hour prior to the fall, contrary to their sweep policy, causing plaintiff to slip on a wet spot left by the frozen food.
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Defendant's Contentions:
That defendant employees, who were stocking in the area of the slip, were constantly looking at the floor and saw no hazards. That plaintiff was walking fast, carrying a bag filled with soup cans, wore a compression sock on her right ankle and suffered from lymphedema, all of which contributed to her falling on her own. That plaintiff had an untreated torn meniscus that was causing her ongoing pain, which was not caused by the slip/fall.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Fractured right patella.
Special Damages
- Special Damages Claimed - Past Medical: $119,484
- Special Damages Claimed - Future Medical: None.
Demands and Offers
- Plaintiff §998 Demand: $2,000,000
- Defendant §998 Offer: $100,000
Additional Notes
Insurer: Safety National Casualty Corp.