Andrade Law Offices Secures $4.317M Verdict for Traumatic Brain Injury Sustained in Slip and Fall Case

by Steven R. Andrade on Oct. 26, 2022

Accident & Injury Slip & Fall Accident 

Summary: BAKERSFIELD, Calif., Feb. 08, 2022 -- A Kern County jury awarded a verdict in the amount of $4.317M on Nov. 18, 2021, to a Lompoc man who was injured in 2016 while shopping in a Taft, California, Albertsons grocery store. Santa Barbara Attorney Steven R. Andrade of Andrade Law Offices secured the verdict after four weeks of trial in Kern County Superior Court with Judge Thomas Clark presiding.

BAKERSFIELD, Calif., Feb. 08, 2022 -- A Kern County jury awarded a verdict in the amount of $4.317M on Nov. 18, 2021, to a Lompoc man who was injured in 2016 while shopping in a Taft, California, Albertsons grocery store. Santa Barbara Attorney Steven R. Andrade of Andrade Law Offices secured the verdict after four weeks of trial in Kern County Superior Court with Judge Thomas Clark presiding.

The Plaintiff, Mr. M., was injured in April 2016 when he slipped and fell in a puddle of water in an Albertsons grocery store in Taft, California.

Mr. M. was shopping in the meat department of the Taft Albertsons grocery store and walked near a freezer island that was being repaired by a service technician from A&J Refrigeration. Mr. M. slipped on water that had pooled on the floor and fell facedown, hitting his head and breaking his nose. Mr. M. received treatment for his broken nose the following week. No one suspected that he had suffered a more serious injury.

During the months that followed, Mr. M. complained of memory problems and loss of senses, such as taste and smell. In early January 2017, Mr. M. went back to the doctor. An MRI revealed a subdural hematoma. A craniotomy was performed to remove fluid from his brain. After he was released from the hospital, Mr. M. continued to suffer symptoms of traumatic brain injury.

Attorney Andrade was the sole attorney for Plaintiff Mr. M. He was assisted by his paralegal and wife, Kathleen Andrade. Defendant Albertsons was represented by five attorneys from firms in Oakland and Santa Barbara. Defendant A&J Refrigeration was represented by attorneys from Los Angeles and San Diego.

During the trial, Plaintiff alleged that Defendant Albertsons failed to produce the full video demanded by Plaintiff and that Defendant Albertsons was fully at fault for failing to inspect, maintain and clean the store's floor sink drains.

During the trial, the Kern County jurors were riveted to the testimony of both Plaintiff and Defense witnesses and experts. Retained experts for Plaintiff were board-certified neuropsychiatrist Jonathan Mueller, M.D.; Sharon Perlman Berry, Psy.D., ABN; video expert Gavin Whalen; and grocery store expert Alex Balian. Plaintiff's experts testified that Mr. M. suffered a traumatic brain injury from the fall. Defense experts testified that no traumatic brain injury was caused by the fall and that testing revealed Mr. M.'s complaints were caused by depression. Videotaped testimony of several treating physicians was also played for the jury.

Liability for the accident was hotly contested by Albertsons, LLC. Defendant Albertsons denied liability and blamed A&J Refrigeration for the water spill. From the beginning, counsel for Plaintiff Mr. M. contended that 100% of the blame should be placed on Defendant Albertsons, LLC.

Andrade Law Offices is extremely grateful to the Kern County jurors for returning a multimillion-dollar verdict for Mr. M., to be paid only by Albertsons.

This verdict will enable Mr. M. to move back to his hometown, where he can live out the rest of his life close to his children.

Andrade Law Offices 805-962-4944, contact@andrade4law.com

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.