Grocery store says the bread tray was large, open and obvious.
The Case
- Case Name: Mockett v. Albertsons LLC
- Court and Case Number: Orange County Superior Court / 30-2023-01362639
- Date of Verdict or Judgment: Tuesday, May 12, 2026
- Date Action was Filed: Monday, November 13, 2023
- Type of Case: Slip and Fall, Trip and Fall
- Judge or Arbitrator(s): Hon. Shawn Nelson
- Plaintiffs:
Nancy Mockett, 63
- Defendants:
Albertson's LLC
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $550,000
- Contributory/Comparative Negligence: 0%
- Economic Damages:
Plaintiff waived economic damages.
- Non-Economic Damages:
Past: $50,000
Future: $500,000
The Attorneys
- Attorney for the Plaintiff:
Accident Pros LLP by Corey A. Hall, Santa Ana.
- Attorney for the Defendant:
Weston Herzog LLP by Jonathon J. Herzog, Glendale.
The Experts
- Defendant's Medical Expert(s):
Joseph Jankiewicz, M.D.,orthopedic surgery.
Facts and Background
- Facts and Background:
On August 28, 2023, plaintiff slipped on a bread tray at defendant Albertsons' store. An employee was stocking bread, and placed a bread tray on the floor. Plaintiff slipped/tripped on the bread tray and tore her hamstring.
- Plaintiff's Contentions:
That defendant should not have left the bread tray placed on the floor, and that by doing so, they created a potential slip/trip hazard.
- Defendant's Contentions:
That plaintiff should have seen the bread tray as it measured 26"x22" and was bright green, and was, therefore, open and obvious.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Plaintiff tore her hamstring.
Special Damages
- Special Damages Claimed - Past Medical: Plaintiff waived special damages.
Demands and Offers
- Plaintiff §998 Demand: $115,000
- Defendant §998 Offer: $25,000