PRESS

2ND DEFENSE VERDICT IN A ROW IN LAST 5 MONTHS FOR CLINTON & CLINTON

David A. Clinton, Dana Ulise, and Amy Ifurung of Clinton & Clinton won a defense verdict for their client, a large retail bookstore, on July 21, 2015, at a trial in the Banning Superior Court of Riverside County. The trial was bifurcated into liability and damages phases. The Plaintiff, represented by Carl Douglas, Jamon Hicks and Aja Mann, sought mid-seven figures, and indicated that if the trial reached the damages phase she would seek $11,000,000 from the jury. Defendant offered $200,000 with an indication that more would be offered if Plaintiff demanded a more reasonable figure. While walking through the bookstore, Plaintiff alleged that she felt tired and spent, so she put her hands on a display table of books to steady herself, knocking five books off the table and cutting her leg. Plaintiff alleged that as a result of the cut on her leg she contracted MRSA, diverticulitis, became wheelchair bound, and had to have a colostomy bag put in. The bookstore denied that there was a dangerous condition with respect to the display table. The bookstore further contended that the Plaintiff, who was supposed to be using a walking aide but was not, should not have expected a display table of books to support her weight. The bookstore also disputed the Plaintiff's theory as to where the books were on the basis that placing the books where she said would have defied physics, and therefore, she had not met her burden of proof. Finally, if the matter would have reached the damages phase, the bookstore would have denied that any of Plaintiff's alleged injuries were connected to this incident, and rather that they were all preexisting conditions. After five (5) days of trial in the liability phase, the jury returned a verdict of 12-0 within an hour and twenty-seven minutes for the defense, finding that the bookstore was not negligent.


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