On March 14, 2003, Defendant truck-driver Yocum negligently turned left in front of Plaintiff’s oncoming motorcycle. Plaintiff was operating his motorcycle slightly in excess of the speed limit, and was not wearing a helmet at the time of the collision. Defendant claimed Plaintiff operated his motorcycle while under the influence of marijuana (six nanograms of THC found in Plaintiff’s blood at hospital). Plaintiff suffered a spinal cord injury as a result of the impact. While Plaintiff is able to use a walker to walk very short distances, he is primarily wheelchair bound. As a result of his injury, Plaintiff has only limited function of his hands.
On April 25, 2003, upon entering a Safeway grocery store, Plaintiff, age 82, slipped and fell on a water spill created by a store employee. The fall occurred while the employee had gone to the back of the store to retrieve a mop to clean up the spill. The employee claimed to have placed three warning cones in the area prior to leaving it. Plaintiff first indicated that she saw no warning cones, then later stated there were cones but they were not properly placed to barricade customers from walking into the area of the spill. The fall caused Plaintiff to undergo a total knee replacement, with $60,000 in medical expenses incurred.
While visiting Defendant’s home on Christmas Day, Plaintiff exited the residence through the kitchen door and tripped and fell over a white PVC pipe which Defendant had set across the concrete sidewalk to drain water from his washing machine. Plaintiff sustained a radial head fracture of the left elbow, a sprained left wrist, a bruised right knee, a hip injury, and exacerbation of a preexisting back injury.
Plaintiff, a 26-year-old kindergarten teacher, stopped at a local grocery store. While walking through a cashier lane, she slipped and fell on water which had leaked from one of Coca Cola’s soft drink display refrigerators. Coca Cola’s service records for the refrigerator in question revealed it had a history of leaking for the prior two years, but it was never replaced. Plaintiff sustained a herniated lumbo-sacral disk at L-5, S-1, which required both surgery and chiropractic treatment. Plaintiff developed chronic pain, which affected her family, employment, marriage, and quality of life. Testimony from medical provider indicated Plaintiff will suffer continuing pain for life.
After having mechanical work performed on his truck, Plaintiff, a 27-year-old flooring installer, returned to the tire shop because of substandard repair work. When Defendant refused to repair the vehicle that day, Plaintiff became loud and disorderly. After the tire shop manager asked Plaintiff to step outside, a scuffle ensued, with the manager throwing Plaintiff to the ground. The manager had two other employees hold Plaintiff down, and he stomped on Plaintiff’s left ankle several times. Plaintiff sustained a posterior malleolus hairline fracture of the heel.
Defendant negligently exited convenience store parking lot, causing 29-year-old to lose control of his motorcycle to avoid collision. Defense called eye witnesses who claimed motorcyclist was speeding. Plaintiff suffered a fractured left clavicle, which impeded his timely college graduation, precluding his entering the Army as an officer and pursuing his career goal of serving in Special Forces.
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