Case details

Fall in store caused ongoing shoulder problems, customer alleged

SUMMARY

$1434086.86

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
injury, rotator cuff, shoulder, tear
FACTS
On Sept. 16, 2016, plaintiff Vicki Bartholomew, 61, a part-time nurse, was at a Ralphs Grocery Store, in Oceanside, when she slipped and fell in an unmarked puddle of water. She claimed of the right shoulder. Bartholomew sued the operator of Ralphs, The Kroger Co. Bartholomew alleged she slipped and fell in a puddle of water at the store. She claimed that Kroger was negligent in its failure to maintain the store and warn others about the water and that Kroger’s negligence created a dangerous condition. Kroger admitted negligence., Bartholomew claimed she sustained two partial thickness tears in the rotator cuff of her right, dominant shoulder. She went to an urgent care facility the next day and ultimately required a total shoulder replacement. Bartholomew claimed that she is limited to lifting no more than 10 pounds over her head and that lifting any objects overhead is difficult. She also claimed that she will have the limitation for the remainder of her life. She further claimed that she has intermittent sharp pain, has difficulty sleeping through the night, and has tiredness. Bartholomew alleged that she will eventually require a shoulder revision surgery. The plaintiff’s orthopedic surgery experts opined that Bartholomew will require a future shoulder revision, which the defense’s expert orthopedic surgeon disputed until the day of trial. Bartholomew sought recovery of $20,088.86 in past medical costs, $10,000 in past lost wages for time off from the surgery and recovery, $53,998 in future lost wages for time off that she would require from the future revision surgery and recovery, and $250,000 in future medical costs for her future shoulder revision and related care. She also sought recovery of damages for her past and future pain and suffering. In total, plaintiff’s counsel asked the jury to award Bartholomew $2 million. Defense counsel disputed the nature and extent of Bartholomew’s alleged . Counsel also argued that given Bartholomew’s severe arthritis and active job, she was going to eventually need treatment on her shoulder, despite the fall.
COURT
Superior Court of San Diego County, San Diego, CA

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