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Ziert v. Young’s Lockeford Payless
Plaintiff Matthew Ziert fell while performing his pest control job on the premises of defendant Young’s Lockeford Payless Market, Inc. The jury found defendant negligently caused injury to plaintiff but awarded damages only for plaintiff’s medical copayments. Plaintiff appeals from the judgment, arguing substantial evidence demanded a larger verdict, and the trial court erred in denying his motion for new trial. (Code Civ. Proc., § 657; further undesignated statutory references are to this Code unless otherwise indicated.) Plaintiff also challenges the court’s award of costs to defendant for plaintiff’s failure to obtain a verdict higher than defendant’s pretrial settlement offer (§ 998).

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