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Trials Digest's "Case of the Month"




Woman suffers eye injuries when store employee drops glass vase


Type of Case:
Negligent Hiring & Supervision - Negligent Hiring
Products Liability - Other
Premises Liability - Retail & Other Business Properties
Vicarious Liability

Jurisdiction:
State: California
Court: Superior Court, San Diego County, California.

Case Name:
M.A. v. Confidential

Docket/File Number:
Not Available

Judge:
Richard E.L. Strauss

Result Type:
Settlement

Result Date:
April 01, 2015

Result Amount:
$1,000,000

$1,000,000 to plaintiff for damages
The parties attended two mediation sessions with Hon. Russell Bostrom (Ret.).

Attorneys:
Plaintiff: Otto L. Haselhoff, Law Offices of Otto L. Haselhoff P.C., Santa Monica, CA

Defendant: None mentioned

Facts/Contentions:
According to the plaintiff's lawyer: Plaintiff was about the premises owned by one defendant when a store employee dropped a glass vase encased in plastic. The glass shattered, resulting in a shard penetrating plaintiff's eye after it went through the plastic packaging.

Plaintiff alleged defendant's establishment negligently hired its employee and that the establishment was also vicariously liable for the subject product that was dropped, injuring plaintiff. Plaintiff also claimed negligence and product liability against the product manufacturer and distributor and by extension the store as retailer due to packaging that allowed glass to penetrate it.

Defendants did not attribute liability to plaintiff but disputed their respective liability, the extent of damages, and plaintiff's course of treatment, including the permanent nature of plaintiff's injuries, the cost of care, and the necessity of further treatment, saying she made a good recovery, was not disabled and her quality of vision complaints were subjective.

Claimed Injuries:
According to the plaintiff's lawyer: Small shard of glass entered left eye, ultimately corrected with treatment and glasses, but without correction 20/60 in left eye, claimed glare issues.

Claimed Damages:
Not reported.

Settlement Discussions:
Not reported.

Expert Witnesses:
Plaintiff: Dorothy Pollock, R.N., Nursing/DME observation, Med-Link Consultation, Hacienda Heights, CA; Bradford Lee, M.D., Ophthalmologist, La Jolla, CA; Carl Beels, M.S., Human Facors, Ergonomics and Warnings, Beels & Associates Inc., Escondido, CA; Alex Balian, M.B.A., Retail Establishments, Balian & Associates, West Hills, CA; Mark Remas, M.A., Vocational Rehabilitation, The Remas Group, San Diego, CA

Expert Witness Comments/Testimony:
Not reported.

Comments:
Not reported.

Westlaw Citation:
2015 WL 3632210



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