Tag Archive for: jefferson-smith

Unanimous Defense Verdict for Major Supermarket Chain The Vons Companies

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Jury Delivers Unanimous Defense Verdict

An East County San Diego Superior Court jury recently reached a unanimous verdict declaring that The Vons Companies, Inc. were reasonable in the maintenance of their Spring Valley store property, in response to allegations of safety-related negligence by Plaintiff Robbyn Kuykendall.  The case concluded victoriously for both the major supermarket chain, and Murchison & Cumming attorney Jefferson S. Smith, representing the defense.

On May 23, 2008, a day of scattered showers, Kuykendall entered the Spring Valley supermarket wearing flip-flops.  She walked past an orange cone located just outside the store’s entrance doors, and over a six-foot mat, before slipping and falling almost four feet from where the mat lay.

Kuykendall, who eventually underwent surgery for total knee replacement, contended the store should have placed a warning cone inside the lobby, that the floor mat was worn and saturated, and that the floor was unreasonably slippery.

The defense responded that the store had taken reasonable precautions with the safety measures in place during the time of the incident, and had made repeated inspections throughout the day.  A member of the store crew inspected and cleaned the area 10 minutes prior to the incident.  The defense also argued that the cone was not necessary because it was obvious foot traffic could cause tracking of rainwater into the lobby entrance, and that the floor was reasonably safe under such conditions.

A key witness providing evidence favorable to the defense came from store customer, Richard Jameson, who witnessed the store conditions shortly after the incident and acted as a Good Samaritan by comforting Kuykendall after her fall.  In a somewhat tragic twist, Jameson appeared on February 25 to testify on the conditions of the store’s lobby and then died only three days later, due to unrelated causes.

“I was flabbergasted when I learned Mr. Jameson had died.  He was an honest man who presented his observations in an articulate manner,” said Smith.

Store Manager Tim Bottenberg and Claims Manager Rhonda Naugle played major roles in the proceedings, providing testimony as to the procedures followed in an effort to keep the store safe for customers.

“In speaking with the jurors post verdict, the critical evaluation came down to the integrity of the store manager.  In the end, the jury was convinced that [Bottenberg] ran a safe store,” said Smith.

Smith described the verdict as providing a well-deserved spotlight on The Vons Companies’ thorough implementation of policies and procedures in regards to customer safety.

Identity Theft Victim Successfully Defended in Pro Bono Case

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Mr. Steve Raap was undergoing chemotherapy when he was sued for alleged money owed for a credit card he never obtained. Needless to say, he did not need the stress involved with fighting a battle against the collection action and he came to Murchison & Cumming Partner Jefferson S. Smith for Pro bono assistance After several letters, and establishing that the address used for the account was in Georgia, the lawsuit was dropped.  At last report, Mr. Raap was cancer free and had returned to work as a postman in La Jolla.

San Diego Jury Awards Almost $200,000 Less Than Defense Offer to Compromise in Admitted Liability Case

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Plaintiff Klingler was an active duty Marine, injured during the course and scope of his training with the United States Marine Corps. He was prevented from suing the United States Marine Corps because of the Ferris Doctrine but not, over objection, from pursuing the contactor he charged was responsible for his injury.

Strategic Operations was hired by the United States Marine Corps to enhance the training environment for mock training scenarios. Rocky Mohsen, an employee role-player for co-defendant Strategic Operations, had been on the job for about two weeks when he was asked by a Sergeant of the U.S. Marine Corps to participate in an impromptu interrogation-training scenario.  The United States Marine Corps had declared plaintiff captured and bound, gagged and blindfolded private Klingler.

During the course of the interrogation, Mr. Mohsen fired his plugged AK-47 weapon loaded with blanks too close to the leg of plaintiff and caused an injury by the discharge of expelled gasses. Plaintiff underwent two debridement surgeries and alleged he was caused a nerve injury, which resulted in a chronic pain problem, requiring heavy usage of narcotic medications. Plaintiff also alleged posttraumatic stress disorder associated with the injury.

The San Diego jury determined that plaintiff had not been entirely truthful in his testimony, largely based on a subrosa video showing him changing a flat tire, and Myspace downloaded videos showing plaintiff shooting weapons and singing drunk karaoke. The jury found the United States Marine Corps 75% responsible for the accident and Mr. Mohsen was found 25% responsible on the admitted negligence cause of action, but the jury returned defense verdicts on Battery and Intentional Infliction of Emotional Distress causes of action.

Plaintiff’s net award was $55,750. The client, defensed by Jefferson S. Smith and Scott J. Loeding, and co-defendant, had collectively offered plaintiff $250,000 by way of a Statutory Offer to Compromise. Plaintiff, whose lowest settlement demand was $1.7 million, is likely to owe defendants after cost bill issues are heard by the court.