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Most trip and falls are legally unattractive. They are hard to prove. The injured person was careless and not paying attention. There may be no eyewitnesses. The victim claims injuries days after the accident.
Food 4 Less hotly disputed Delores’ claim she tripped over a pallet in the store. Delores tripped on a pallet and cooler stack that was displayed on the floor and placed directly in front of a beer pallet display. That pallet restricted Delores’ access to the case of beer she was trying to retrieve. Delores tried to get the case of beer, but she tripped over the display and fell directly on her rear.
Her attorneys argued that the pallet and cooler display were unsafe and violated Food 4 Less’s own safety policies regarding display height and floor obstructions. Food 4 Less written policies were introduced as evidence.
Food 4 Less denied wrongdoing. They contended the pallet display was not unreasonably dangerous; instead it was the actions of Delores which caused her fall. Delores claimed it was a foreseeable tripping hazard. Delores sustained serious lumbar injuries. She received a two-level spinal fusion. Later she was diagnosed with adjacent segment disease which will require years of future medical care. Food 4 Less stated Delores suffered only a minor strain from the fall. They argued her radiological imaging proved her symptoms were a result of degeneration, not trauma.
The jury deliberated for 1 hour and 45 minutes. They voted 12-0 negligence and 12-0 for damages for Delores.
Verdict $5,343,662
[past medical bills $89,499, past lost earnings $124,154, future medical bills $1,175,510, future lost earnings $204,499, past pain and suffering $625,000 and future pain and suffering $3,125,000.]
Note that the medical billing expert is Andrew Morris, D.C., including all medical bills.
Delores v. Food 4 Less, Los Angeles Superior Court, Dec 15, 2025, Hon. Ian Fusselman
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