After potential jurors were told that store officials had lost videotaped evidence showing how a woman was injured, a settlement of $2 million was quickly agreed upon before the trial began, as reported by The Fresno Bee.
On April 5, 2012, J.M. had been shopping with her 7-year-old daughter at DD's Discounts when an employee struck her left foot with a metal cart that weighed approximately 100 pounds.
The store's surveillance camera had allegedly caught the incident on film; however, the recording was allegedly lost.
Fresno-based attorney Jacob Rivas, who represented J.M. commented, "Once the jury found out they were hiding evidence, it didn't look good for them."
According to court records mother and daughter had gone to the store, located at Ashlan and West avenues, to purchase an Easter dress. When the employee ran over J.M.'s foot the pain was so great that she immediately had to limp. She reported the accident to the store manager, paid for her items and left the store.
A day later J.M. returned to the same location and requested a copy of her report – however an official at the store denied her.
In July of 2012 Rivas filed the lawsuit. At the same time he requested the store's surveillance camera recording – which would have included several different angles of the accident. However, officials from DD's Discounts claimed not to have a single recording of the accident.
In depositions taken from both the store's employees and officials, the common statement was that the recordings "had mysteriously disappeared" or had been destroyed. As far as Rivas was concerned, he was planning to argue that the recordings were suppressed intentionally.
In asking the potential jurors their feelings about suppressed evidence, Rivas said that many told him "that if evidence wasn't produced, then the company must have something to hide." Rivas then asked how jurors felt about awarding damages to someone with a foot injury and the jurors were comfortable with the idea.
J.M.'s physicians were prepared to testify that the injury had caused her to endure Complex Regional Pain Syndrome (CRPS). CRPS is a rare and chronic neurological disorder that can attack a person's limbs. The symptoms include disabling pain, swelling and motor function impairment.
According to Rivas, if the case had gone to trial he was prepared to explain that CRPS can be caused by injuries that include a slide into second base, twisting an ankle, or even a bird pecking at someone's hand.
Rivas said, "It doesn't take much to get it."
After the accident J.M. sought treatment that included medication and physical therapy. Later, when those treatments failed to reduce her pain, she began to have injections in her back and spinal cord surgery.
She has since had to leave her position with the Fresno Unified School District where she had been employed as a teacher's aide.
Damages of $4 to $5 million were sought.
The settlement first offered by DD's Discounts was $100,000. Then, one month before the trial was scheduled DD's lawyers offered $500,000. On the day before jury selection the offer increased to $1.2 million. Then, the day the jurors were told of the suppressed evidence the offer increased to $2 million and the case was settled for that amount.
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