Baron v. Grocery Outlet, Inc.

Slip and Fall

Result: $5.78 Million

While shopping at a Grocery Outlet store in San Francisco, Carol Baron tripped over a “U-boat” product stocking cart platform that was negligently left in an aisle. She fell forward hard onto her outstretched arm, causing a severe humerus fracture as well as biceps and rotator cuff tears requiring a complex surgery. Ms. Baron continued to live with severe pain and dysfunction for years after the injury, even though her surgery was technically successful. She was ultimately diagnosed with Chronic Regional Pain Syndrome (“CRPS”).

Heinrich Law sued the operator of the store, J&A Seven Wonders Corp, and the parent company, Grocery Outlet, Inc. Subsequently, Altair Law joined Heinrich Law and tried this case to verdict.

The defendants claimed that Ms. Baron caused her own injuries by ignoring an obvious hazard, and that Grocery Outlet had no liability because it had no operational control of the store.

Winning this case hinged on two essential developments:

• We assisted the Plaintiff in securing an accurate diagnosis of CRPS, which was more severe than her initial diagnosis. Therefore, the value of her damages was much higher than originally believed.
• Grocery Outlet argued its contract with J&A clearly stated that J&A was an “independent operator” and there was no joint venture as it had no authority to influence store operations. However, document requests and depositions of J&A owners and operators coupled with Grocery Outlet executives revealed that Grocery Outlet’s business practices were opposite of what was outlined in its contracts, and, in fact, it exercised control over operations of the J&A store.

A San Francisco jury found J&A and Grocery Outlet jointly liable for our client’s injuries and damages.  It assigned 80% fault to the Defendants for the accident; and 20% comparative fault against Ms. Baron.  The jury awarded the Plaintiff $6.6 Million, reduced to $5,280,000 for her comparative fault.

Following trial, the parties entered into a binding settlement for $5,780,000.

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Slip and Fall Case

Confidential settlement

Result: $3.5 Million

Heinrich Law’s client slipped and fell due to an extremely slick floor that had been negligently maintained.  The incident caused the client severe lumbar spine and hip injuries.  The client was in pain, faced significant medical expenses and was unable to work.  The property owner and contractor denied liability and refused to settle.

Our investigation and case work up, which included the completion of over twenty-five (25) lay and expert witness depositions, proved negligence stemming from the use of a cleaning product that was incorrectly applied to the floor.

We took the case to trial. After the first witness testified, the defendant made a $3.5 million settlement offer that our client agreed to accept.

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