$7.5 million verdict for chiropractor’s slip and fall in Starbucks. San Diego County.

Summary

A Starbucks customer fell on a tile floor that the manager had just mopped. The customer hit his head on the floor and was knocked unconscious. The defense offered $100,000, but the jury decided the case was worth over $7 million.

The Case

Case Name: Anthony Zaccaglin, et al v. Starbucks Coffee Company
Court and Case Number: San Diego Superior/37-2009-00084460-CU-PO-NC
Date of Verdict or Judgment: Friday, December 23, 2011
Date Action was Filed: Tuesday, March 03, 2009
Type of Case: Premises Liability, Slip and Fall
Judge or Arbitrator(s): Hon. Timothy M. Casserly
Plaintiffs:
Anthony Zaccaglin, age 48, chiropractor; Lisa Zaccaglin (wife)
Defendants:
Starbucks Coffee Company
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $7,456,231. (Includes $1 million to wife for loss of consortium.)

The Attorneys

Attorney for the Plaintiff:
The Gomez Law Firm by John H. Gomez, James Iagmin and Jessica Sizemore, San Diego
Attorney for the Defendant:
Law Offices of Shayne Figgins by Shayne Figgins, Universal City

The Experts

Plaintiff’s Medical Experts:
Monte Buchsbaum, M.D., PET scans, San Diego
Doreen Casuto, R.N., life care planning, San Diego
Robert B. Hall, Ph.D., M.A., B.A., vocational rehabilitation, San Diego
Michael Lobatz, M.D., neurology, Oceanside
Martin Magy, Ph.D., neuropsychology, Vista
Elise Reed, D.O., Vista
Defendant's Medical Experts:
David D. Fox, Ph.D., clinical psychology and neuropsychology, Glendale
John Hochman, M.D., psychiatry, Los Angeles
Kenneth Nudleman, M.D., neurology, Santa Ana
Amy M. Sutton, BSN, MA, Ph.D., CLCP, CRRN, life care planning, Long Beach
Alan D. Waxman, M.D., PET scans, Los Angeles
Plaintiff's Technical Experts:
Alex Balian, MBA, retail store custom and practice, West Hills
Ted Kobayashi. P.E., accident reconstruction, Livermore
Heather Xitco, MBA, CPA, economics, San Diego
Defendant's Technical Experts:
Steven Molina, Ph.D., vocational rehabilitation, San Clemente
Kenneth A. Solomon, Ph.D., P.E., accident reconstruction, biomechanics, Woodland Hills
Paul Zimmer, forensic document examination, San Diego

Facts and Background

Facts and Background:
On March 20, 2008, the manager of a Starbucks in Vista mopped a spill on the floor. She set a cone 4-6 feet away from the mopped area. Plaintiff stepped into the area, slipped and hit his head on the tile floor. He was unconscious for up to 30 seconds.
Plaintiff's Contentions:
Defendant did not mop all liquid standing on floor and did not clearly mark the area or attempt to keep customers away from the spill.
Defendant's Contentions:
Floor was not wet or slippery. That plaintiff did not suffer permanent injuries.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Ongoing symptoms of mild traumatic brain injury including defective memory, lapses in concentration and judgment, emotional lability, sensitivity to light and sound, and fatigue.
Loss of Consortium.

Special Damages

Special Damages Claimed - Past Medical: $216,759
Special Damages Claimed - Future Medical: $683,717
Special Damages Claimed - Past Lost Earnings: $215,199
Special Damages Claimed - Future Lost Earnings: $1,123,677

Demands and Offers

Plaintiff §998 Demand: $1.8 million
Defendant §998 Offer: $100,000