$135,250 for brachial plexus injury when metal bar falls from retail shelving. Riverside County.

Summary

Pet store customer injured when metal bar falls from shelving unit under construction; defendant says she shouldn't have been in the store.

Gross Verdict or Award: $135,250
Net Verdict or Award: $104,819 - reduced due to comparative negligence (22.5%).
Jury Deliberation Time: 2 days
Jury Polls: 10-2 on most votes

Attorney for the Plaintiff:
Kyle J. Scott Law Firm by Kyle J. Scott, Newport Beach
Attorney for the Defendant:
Bonnie R. Moss & Associates by Mark R. Devey, Riverside

Plaintiff’s Medical Experts:
Ernestina Saxton, M.D., neurology, Los Angeles
Castoria Seymore, M.D., pain management, Inglewood
Defendant's Medical Experts:
Jeffrey A. Bounds, M.D., neurology, Loma Linda

Facts and Background:
On Feb. 17, 2008 plaintiff went into the defendant pet store. A metal bar fell off a shelving unit and hit plaintiff.
Plaintiff's Contentions:
No sign was present regarding work being done on the shelving unit and no one advised her to not enter or remain in store.
Defendant's Contentions:
Plaintiff entered store when it was closed for remodeling. Defendants claimed to have told plaintiff to leave the store. Plaintiff's symptoms were due to pre-existing problems such as stress and Bell's Palsy.

Physical Injuries claimed by Plaintiff:
Brachial plexus injury, causalgia, chronic pain syndrome, complex regional pain syndrome, headaches, neck injury, reflex sympathetic dystrophy, and shoulder injury.