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Richard M. Williams and Kathryn T. Camerlengo of Gray•Duffy’s Redwood City office represented Fry’s Electronics, Inc. in a personal injury claim involving a slip and fall on a wet floor at the Fry’s store located in Concord, California. Plaintiff Alexander De La Campa slipped on a wet foreign substance on an aisle way in the store and sustained a concussion, knee and shoulder injuries. He claimed medical expenses, including cost of future knee and shoulder surgeries, in an amount exceeding $200,000. Mr. De La Campa did not claim any wage loss as at the time of the accident since he was a fully retired police officer.
The overriding issue in the case was one of liability involving the question of whether Fry’s had notice of the wet, slippery condition of the floor in advance of Mr. De La Campa’s fall. Surveillance video footage reflected that another customer had fallen on the same spot approximately one minute before Mr. De La Campa fell and thus Fry’s argued that there was not sufficient time for it to rectify the dangerous condition before Mr. De La Campa walked through it.
At mediation, the plaintiff presented a demand of $350,000. After the mediation failed, Fry’s filed a Motion for Summary Judgment and settlement negotiations continued. The case ultimately settled the day the plaintiff’s Opposition to the Motion for Summary Judgment was due. The settlement amount was $32,500, approximately one-sixth of the plaintiff’s claimed medical expenses.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.