Customer slips and falls in Food4Less grocery store. $6.68M. Los Angeles County.
Summary
Plaintiff says grocer had plenty of time to see and correct the dangerous condition caused by a single grape on the floor.
The Case
- Case Name: Arlene Talavera v. Alpha Beta Company dba Food4Less
- Court and Case Number: Los Angeles Superior Court /19STCV05580
- Date of Verdict or Judgment: Thursday, October 03, 2024
- Date Action was Filed: Tuesday, February 19, 2019
- Type of Case: Slip and Fall
- Judge or Arbitrator(s): Hon. Michele E. Flurer
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Plaintiffs: Arlene Talavera
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Defendants: Alpha Beta dba Food4Less
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $6,680,000
- Contributory/Comparative Negligence: None
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Economic Damages:
Past Meds: $680,000
Future meds: $400,000
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Non-Economic Damages:
Past: $1,600,000
Future: $4,000,000
- Trial or Arbitration Time: 11 days
- Jury Deliberation Time: 2 days
- Jury Polls: 11-1
- Post Trial Motions & Post-Verdict Settlements: Costs and interest on 998.
The Attorneys
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Attorney for the Plaintiff:
Jacoby & Meyers by Laura F. Sedrish and John Denove, Los Angeles.
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Attorney for the Defendant:
Wesierski & Zurek LLP by Ronald Zurek and Arpineh Yeremian, Pasadena.
The Experts
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Plaintiff's Medical Expert(s):
Brian King, M.D., neuroradiology.
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Defendant's Medical Expert(s):
Michael Weinstein, M.D., orthopedic surgery.
Richard Rhee, M.D., radiology.
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Plaintiff's Technical Expert(s):
Brad Avrit, premises liability.
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Defendant's Technical Expert(s):
Henry Lubow, M.D., medical billing.
Facts and Background
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Facts and Background:
Plaintiff (56 years old) was walking in the Food4Less in El Monte and slipped on a single grape in the condiments aisle.
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Plaintiff's Contentions:
Plaintiff argued that defendants had notice of the grape because one of its workers was stocking shelves in the same aisle and the grape was there for 24 minutes. Plaintiff argued they had either actual or constructive notice and plaintiff had no comparative negligence. Plaintiff also argued all of her physical complaints were caused by the fall as she had no back or knee pain prior to the fall.
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Defendant's Contentions:
Defense argued no notice of the dangerous condition, that the single grape was not a dangerous condition, and that plaintiff was comparatively at fault (initially argued this but then withdrew this instruction re comparative negligence). Defense also argued no causation, gaps in treatment, and that all of plaintiff's surgeries were unreasonable and unnecessary.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff suffered knee and back injury because of the fall. She had a knee arthroscopy and a lumbar discectomy, which ultimately resulted in failed back syndrome. She then underwent a Peripheral Nerve Stimulator (PNS) and fusion at that level to help correct her pain.
Special Damages
- Special Damages Claimed - Past Medical: $680,000
- Special Damages Claimed - Future Medical: $400,000
- Special Damages Claimed - Past Lost Earnings: 0
- Special Damages Claimed - Future Lost Earnings: 0
Demands and Offers
- Plaintiff §998 Demand: Served April 20, 2020 for $610,978.18, which was rejected.
- Defendant §998 Offer: Highest 998 served November 3, 2023 for $300,000 (first 998 was $75,000 on 4/22/2020 in response to plaintiff's 998, and then second one of $125,000 on 7/8/2022).