This was a pedestrian v. automobile accident. On November 4, 2014, our client, Ms. Vargas, was walking her dog in a parking lot when Ms. Silva backed her vehicle striking her. Ms. Silva denied the inci...dent ever occurred and disputed all subsequent damages. The case was tried in front of the Honorable Judge Link in San Diego County, Central Division. Defendant's offer was $5000 before trial. The jury returned after just 90 minutes of deliberations awarding $53,285.00 in damages to Ms. Vargas.
Personal injury
Hurley-Giddens v. Target Corporation
Sep 14, 2016
OUTCOME: Gross Verdict in Favor of Plaintiff: $1,734,167.08 Net Verdict: $1,560,750.37 Contributory/Comparative Negligence: 90% - Target; 10% - Plaintiff.
Facts and Background:
On December 8, 2014, plaintiff Ms. Hurley Giddens was Christmas shopping at the Target on Auto Center Parkway in Escondido, California. While in one of the aisles, plaintiff tri...pped over a 23-inch tall stepladder, with an approximately 4-foot handle that had been left unattended by Target personnel. The trip caused plaintiff to fall to the ground.
Plaintiff's Contentions:
That the stepladder within the aisle was a trip and fall hazard and also that a shopping cart used for cardboard disposal was directly across from the stepladder, creating a narrowed aisle for the plaintiff to navigate.
Also, that Target negligently destroyed photographic and videotaped evidence of the circumstances surrounding the incident and the subsequent aftermath.
Further, that the stepladder should not have been in the aisle. It does not matter whether or not plaintiff saw the stepladder.
Defendant's Contentions:
That Target was not negligent because its Team Members complied at all times with stocking procedures and the stepladder was an open and obvious visible object within the aisle that was only left unattended for seconds prior to the incident. Furthermore, that plaintiff admitted she saw the ladder multiple times before she fell; and failed to exercise reasonable care knowing she had a history of falls, was a high fall risk, and should have been using her cane or walker to navigate the aisle at the time of the incident.
There was no video coverage in the aisle where the incident took place, the video of plaintiff elsewhere in the store was not retained, and no photographs of the scene or plaintiff were taken.
Prior to trial, Target offered only $10,000 to settle the case.
