Rob Ryder Obtains Defense Verdict in Major Personal Injury Claim; Plaintiff had demanded $2,000,000 to Settle.
Gaskin v. Gelsons
Venue: California - Los Angeles County Superior Court - Santa Monica
Verdict: Defense verdict
Type of Case: Personal injury
Party Represented: Gelsons Markets
Plaintiff Gaskin claimed that she was reading dates on the lower shelf of the milk cooler at a Gelsons Market when an employee stocking milk from the back knocked a half gallon off of the top shelf, hitting her on the head. Plaintiff claimed that the head injury exacerbated her multiple sclerosis and also caused a peripheral vestibular nerve injury, leaving her dizzy for the rest of her life and in need of ongoing psychological and psychiatric counseling.
The main battleground of the trial was on damages, with liability all but conceded. However, we argued that all a defendant has to be is reasonable and that no matter how reasonably a person stocks milk, it is possible that a carton can fall over. Accidents can happen even when everybody is acting reasonably. Plaintiff didn't show that the stockperson did something below a standard of care. The jury agreed 9-3 and defensed the case. Despite many requests, plaintiff's attorney refused to give the defendant any settlement demand, so the defense had no choice but to try the case. The first settlement demand from plaintiff's counsel was for $2 million while the jury was deliberating.
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