Lynn M. v Confidential Major Retailer

Case Name: Lynn M. v Confidential Major Retailer

Case No: Case No.: Confidential

Court: Ventura County Superior Court

Case Type: Premises Liability – Trip and Fall

Trial Judge: Hon. Judge Henry J. Walsh

Filed Date: January 10, 2012

Settlement Date: November 28, 2012

Trial date: June 17, 2013

Settlement: $1,000,000.00

Plaintiff’s Attorney: John Jahrmarkt, Esq.


2049 Century Park East

Suite 3850

Los Angeles, California 90067

(310) 226-7676

(310) 226-7677 fax


Defense Attorney: James B. Cole, Esq.

Slaughter & Reagan, LLP

625 East Santa Clara Street, Suite 101

Ventura, CA 93001

Experts: Plaintiff: Jan Roughan (Life Care Planing)

Lawrence S. Miller, MD (Physical Medicine and Rehab)

Lester Zackler MD (Neuropsychiatrist)

Alessandro F. Anfuso, MS, CVE (Vocational Rehabilitation)

Plaintiff’s Contentions: Plaintiff, 63, alleged that she was injured at a major retailer in Oxnard, California on November 27, 2010 when she tripped and fell on two hoses that were draped across the store apron from the vicinity of the entrance. According to Plaintiff, discovery revealed that the retailer violated its own store policy by allowing the hoses to be placed in the position that caused Plaintiff’s fall. According to Plaintiff, the use of the hoses during store hours was against a store policy.

Defense Contentions: Defendant contended that the hoses did not create a dangerous condition as they were open and obvious and that the theory of comparative fault barred Plaintiff from recovering the claimed damages. Defendant further contended that some of Plaintiff’s claimed injuries predated the incident and/or that they were not caused by the incident.

Significant Injuries: (i) Bilateral SLAPP lesion with other internal derangement to both shoulders with surgery on both; (ii) fractured left lunate in the hand/wrist with 2 surgeries leading to wrist fusion on dominant hand; (iii) cervical spinal surgery – foraminotomy, cervical laminectomy (with open incision). Past medical expenses totaled $648,070.

Additional Information: The case was mediated in one full day session on November 28, 2012 before Floyd J. Siegal , Esq. in Encino, California.