Romero v. Mervyn’s

Facts

Plaintiff was shopping at Defendant’s department store, Mervyn’s (Defendant Mervyn’s), with two of her adult daughters. While on the escalator, Plaintiff was pushed by another customer, forcing Plaintiff to fall to her hands and knees, hitting her jaw as she fell. Defendant Wolf was the acting store manager and came in response to the incident. Wolf testified that Plaintiff’s daughters were “very upset, a little bit hysterical,” and kept asking who would pay for their mother’s medical expenses. Plaintiff testified that Defendant Wolf “seemed to be kind of nervous and in a hurry since the store was busy.” During this time, Defendant Wolf told Plaintiff that Defendant Mervyn’s would pay any medical bills. Defendant Wolf contested this in his testimony, claiming that instead, he told Plaintiff, pursuant to company policy, that Defendant Mervyn’s would submit the claim to its insurer, who would make the decision whether to pay any claims arising from the incident. That following Monday, Plaintiff was still in pain and so decided she would seek medical attention. Plaintiff asked her daughters to call Defendant Mervyn’s and confirm with Defendant Wolf his promise that Defendant Mervyn’s would pay the expenses. Defendant Wolf told Plaintiff to come down to the store and pick up the necessary forms. When Plaintiff’s daughters came to the store, Defendant Wolf told them that he was out of the necessary forms and that they should go ahead and have their mother go to the doctor, and Defendant Mervyn’s would pay the expenses. Accordingly, Plaintiff consulted a physician and underwent physical therapy. The cost of Plaintiff’s treatment was $2,041, but Defendant Mervyn’s refused to pay Plaintiff’s bills.