$6.6M slip and fall win against Home Depot said to be record

A landmark personal injury verdict against Home Depot, possibly the largest of its kind paid by the company in California, represents the latest win for a duo of Beverly Hills attorneys who say they specialize in winning premises liability verdicts in jurisdictions that don't typically reward them.

Pejman A. Ben-Cohen and Robert J. Ounjian of Carpenter & Zuckerman attribute their success, including the $6.6 million verdict they won last week in the Home Depot case, to the trust that comes from decades of working together.

"We've been friends for over 20 years, and when you're able to try a case with a good friend that you're also partners with, you don't have to worry about the stress of taking every witness or worrying whether they're doing a good job or not," Ben-Cohen said in a phone interview with the duo on Monday. "When Robert cross-examines an expert, I know that it's going to be the best of the best. I don't even have to worry about it."

"It starts off by an absolute mutual respect and lack of ego between ourselves," Ounjian said. "It's a great team in the truest sense of that word, and we are trying to have each of us respectively focus on our strengths and concentrate in that regard."

Home Depot was represented at trial by Delmar S. Thomas and Dana L. Ward of Yukevich Cavanaugh in Los Angeles. They did not respond immediately Monday to requests for comment.

The case arose from the plaintiff tripping over a manual pallet jack negligently left in a customer aisle near a flooring display at a Home Depot store in Monterey Park. Castrellon v. Home Depot U.S.A., Inc., 20STCV30560 (L.A. Super. Ct., filed Aug. 12, 2020).

In a motion for summary judgment that was ultimately denied, Home Depot argued that the pallet jack was in a position where the plaintiff should reasonably have been aware of it.

"As depicted in the CCTV footage, the subject pallet jack, at all relevant times, was in the middle of the aisle when Plaintiff approached and safely avoided the stationary pallet jack," read the motion filed in October 2021. "Plaintiff was moving freely by the stationary pallet jack for nearly two minutes before the incident. As a result, Home Depot was under no obligation to remedy or warn of the condition if a danger is so obvious that a person could reasonably be expected to see it because the condition itself serves as a warning."

The defense offered similar arguments at trial, Ben-Cohen said.

"Home Depot took the position that she was 100% at fault, and through various times as she's walking up, as she looked across the aisle at a display on the opposite side for a split second, she should have seen it, and they did not take any responsibility at all," he said.

Ounjian noted that one of the major challenges in the case was litigating in Van Nuys, a jurisdiction known for being especially tough on plaintiffs.

"Van Nuys historically has the reputation of being a tougher venue for significant plaintiffs' verdicts, especially in cases involving premises liability," he said. "So, it was challenging. The jury selection process, which Pejman handled, took three days, so it was quite extensive in that regard to go through the process and select the jury."

Ben-Cohen said he and Ounjian adapted by building a rapport with jurors during the selection process, as well as demonstrating their own personal relationship with the client.

"What I do is a little unconventional compared to most attorneys in our field, in the sense that I spend a considerable amount of time with the plaintiff," he said. "I have them come over to my house. I have lunch and dinner with them on multiple occasions, I go to their house, and I really build a human connection. I truly believe that you cannot get a jury to love your client unless you love your client."

The result is the largest slip-and-fall case resulting in spinal injuries against Home Depot in California according to the firm's research, Ben-Cohen said.

The firm's personal touch, as well as the team's agreed-upon division of labor, was a key element in multiple recent personal injury victories, including a $2.5 million verdict against CVS Pharmacies in Los Angeles County and $9.1 million verdict against AMC Theaters in San Diego County, Ounjian said. Marrone v. CVS Pharmacy Inc. et al., BC548809 (L.A. Super. Ct., filed June 16, 2014); Hampton v. American Multi-Cinema, 37-2020-00012463-CU-PO-CTL (S.D. Super. Ct., filed March 6, 2020).

"My strength and my focus on these types of cases tend to be on the liability aspect of the case -- handling liability experts and damages experts, and primarily the cross-examination of the defense experts," he said. "Pejman focuses on jury selection, opening statements, telling the human story, and truly developing a relationship with the plaintiff and lay witnesses. He tells the story through those witnesses, handles the closing argument, and will, of course, participate in some of the expert examinations as well."

Ben-Cohen credited the success of the team's approach to the famous methods espoused by recently deceased trial lawyer Gerry Spence, a trial advocacy approach that uses authentic storytelling, vulnerability and emotional connection to persuade juries.

"I employ a lot of the methods that I learned at the Gerry Spence Method trial college," he said. "It's kind of ironic that the morning we got our verdict was the morning of Gerry's death, and in this trial, I used a lot of the methods that I learned at the college."