In November 2016, the plaintiff visited a Big Lots store located in Mira Mesa, California. She lost her balance in the checkout line and stumbled into a soda display. She alleged that she slipped on a pile of dirt and/or glitter. As a result of the incident, she claimed a torn right meniscus and a torn right rotator cuff. The entire incident was caught on the store’s security cameras. The plaintiff was represented by a prominent San Diego personal injury firm.
Haight Partners Michael Parme and Robert Rucci answered ready for trial in the San Diego Superior Court on September 24, 2018. Closing arguments took place on October 2, 2018. During closing arguments, plaintiff’s counsel asked the jury to award his client approximately $624,000. The jury deliberated less than 90 minutes and returned with a 12-0 defense verdict, finding Big Lots was not negligent in the use or maintenance of its property. Big Lots was further entitled to recover significant costs due to the fact the plaintiff failed to recover more than the statutory offer Big Lots made before trial.