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By Gina Tabonares
Variety News Staff
THE U.S. government paid $22,500
in settlement money to a couple who filed a $1 million damage suit for
allegedly suffering injuries while shopping at a U.S. Navy commissary
in 2003.
The U.S. District Court of Guam dismissed the civil case filed by Martha
Lavarias and Walter Lavarias against the U.S. government and K Cleaning
Services after the federal government agreed to pay $22,500 in full settlement
of any claims that were filed on Jan. 10, 2005.
The complaint stemmed from the personal injury lawsuit filed by Martha
Lavarias after she slipped and fell while inside the Orote Point Commissary,
a shopping facility operated by the Department of Defense Commissary Agency.
Facts of the case stated that the couple from California was shopping
in the Guam commissary on June 23, 2003 when the aisle in front of the
cooking oil display was not properly maintained and monitored for spills.
Martha Lavarias stepped in a puddle of cooking oil and fell. As a result,
Lavarias sustained a fractured tibia with tendon and ligament damage.
When the couple filed for relief, they asked the federal court to order
the payment of $1 million for the personal injury, to pay for past and
future medical expenses of the plaintiff, and for the loss of consortium
claim of Walter Lavarias in an amount to be proven at trial.
They also asked for the payment of the costs of the lawsuit.
However, in a stipulation signed by U.S. government representatives and
the plaintiffs, both parties agreed to settle and compromise for all the
compensatory and exemplary damages.
The parties also agreed to each bear their own costs, fees and expenses
and attorneys fees owed by the plaintiffs to the law office of Atty.
Robert L. Keogh.
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