Case details

Customer’s fall not caused by water on floor, store claimed

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, brain, head, seizure
FACTS
On Sept. 20, 2009, at about 8:30 p.m., plaintiff Laren Joel Jackson, 43, stopped to get some cookies at the 99 Cents Only Store at 1811 Hawthorne Boulevard, in Hawthorne. As a frequent customer, he walked through the aisles, picking up items he wanted to buy. When he entered the cookie aisle, he slipped, causing his feet to go out from under him. Jackson subsequently fell hard on his back and struck the back of his head. Jackson sued 99 Cents Only Store for premises liability, alleging that the store failed to maintain the premises in a safe manner. Specifically, Jackson claimed that he slipped and fell due to water on the floor. He claimed that he did not see the water on the floor when he stepped into the cookie aisle, but that after the fall, he noticed two buckets on the floor to catch water leaking from the ceiling. 99 Cents Only Store inspected the floor after the accident. Although it didn’t dispute that Jackson fell in the store, it did claim that water was not on the floor to cause Jackson to fall. Defense counsel noted that Jackson described the water coming from the ceiling as a “mist” and argued that buckets wouldn’t be effective in catching a mist of water. However, counsel contended that the store had no records of leaks on the day of the accident and that the store has a policy of hourly inspections. Counsel also contended that there were 13 inspections done, with the last one recorded at 8:16 p.m. on the day of the incident, but that no buckets were utilized and no notices were posted to notify of any water being on the floor. Defense counsel further contended that the only recent record of a leak was 12 days before the accident, when an in-store air conditioner was leaking, causing two tiles to fall, but that the unit was repaired. In addition, counsel maintained that Jackson was looking straight ahead, with nothing blocking his view and with his vision unobscured, and that Jackson did not see anything on the floor before he fell. Thus, defense counsel argued that there was no leak based on the lack of notice in the records and Jackson’s own admission that he didn’t see water on the floor prior to his fall., Jackson claimed a back injury and a head injury, ultimately causing seizures. Defense counsel noted that Jackson was in a motor vehicle accident that occurred at 70 mph and totaled the car. Counsel contended that with the exception of the alleged seizure activity, Jackson claimed to the same areas of his body in both his fall and the automobile crash, but that Jackson blamed the fall for all of his alleged .
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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