On April 13, 2011, plaintiff Joseph Holdener, a 50-year-old data systems technician and vendor for Safeway, reportedly tripped over a shopping basket on the floor near the Safeway store entrance. The plaintiff broke both arms and required surgery. Safeway contended it fulfilled it’s responsibilities to maintain the store in a safe manner. Safeway contended the baskets were placed in an open and obvious location that the Plaintiff would have seen if he had been paying attention to where he going.
Plaintiff claimed damages in the amount of $27,696 in medical expenses and $2,770 in past lost wages with a final demand totally $230,466. A unanimous defense verdict was granted with a final offer of $7,500.