Case details

Shopper claimed market lacked warning signs of wet floor

SUMMARY

$22455

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, back, bruise, knee, lower back, meniscus, tear elbow
FACTS
On Oct. 28, 2011, plaintiff Esperanza Lopez, 56, a children’s’ caregiver, was at 4 Way Meat Market in Oxnard when she slipped and fell in the market’s Produce Department. Lopez claimed to her right knee, back, and left arm and elbow. Lopez sued 4 Way Meat Market Inc., alleging that the defendant failed to adequately warn that the floor was wet, creating a dangerous condition. Lopez contended that there no precautionary signs warning of the floor being wet and that as a result, she slipped and fell. Defense counsel noted that Lopez claimed the store had surveillance video of the slip and fall, but counsel contended that even though the store had surveillance video, the camera was not aimed at the area where Lopez said she fell. Counsel asserted that 4 Way Meat Market was not liable for the alleged incident and contended that there were yellow “caution” cones on the produce floor at the time of the accident. Defense counsel also disputed Lopez description of the accident and contended that Lopez simply tripped because she was wearing flip flops., Lopez claimed she sustained a meniscal tear of her right knee, as well as bruises to her left arm and elbow. She also claimed she suffered lower back pain. As a result, Lopez underwent conservative treatment for her . Thus, Lopez sought recovery of approximately $6,000 in past medical costs and an unspecified amount for her pain and suffering. Defense counsel contended that Lopez was not treated at the scene or taken to a hospital after her alleged fall, and, instead, she walked out of the store. Counsel also contended that the MRI of Lopez’s right knee showed only degeneration, and not a tear. In addition, defense counsel contended that Lopez’s medical bills amounted to only $2,455.
COURT
Superior Court of Ventura County, Ventura, CA

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