Case details

Casino denied plaintiff’s claim of slippery bathroom floor

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, fracture
FACTS
On July 5, 2014, plaintiff Cathy Dao, 49, an electronic parts inspector, slipped and fell while she was exiting a restroom at The Bicycle Hotel & Casino, on Bicycle Casino Drive, in Bell Gardens. She claimed an injury to an arm. Dao sued the believed owners of the casino, The Bicycle Hotel & Casino, The Bicycle Casino Inc., and The Bicycle Casino, LP. She alleged that the casino was negligent in the repair and/or maintenance of the restroom, creating a dangerous condition. It was ultimately determined that the appropriate name of the owner was The Bicycle Casino, LP, which was doing business as The Bicycle Hotel & Casino. Dao claimed that there was water on the floor when she fell and that the water had been there for an unreasonable amount of time. Dao’s expert engineer opined that the cosmetic tiling on the bathroom floor had a dangerously low coefficient of friction. He opined that the tile was as slippery as ice when it got wet. Dao’s counsel argued that since the tile was so slippery, casino employees should have been constantly monitoring the bathroom floor and quickly cleaning up any spills. The defense’s expert engineer opined that the tile’s coefficient of friction was within reasonable engineering standards. Defense counsel disputed whether there was any water on the floor at the time of Dao’s fall. Counsel presented photographs from the scene and argued that the photos did not show evidence of water. Counsel also noted that a casino housekeeper told her supervisor after the fall that the floor was dry. The supervisor testified during trial about the conversation with the housekeeper. Defense counsel contended that when Dao first entered the restroom, she walked right by the area where she later fell and that Dao did not slip at that time nor did she note any water on the floor. Counsel also contended that no one else was inside the bathroom at the time of the incident, so there would have been no way for a spill to occur while Dao was in the stall. Defense counsel admitted that it was possible that water had spilled on the floor while Dao was washing her hands, but argued that it would not have produced enough water to cause a fall. In addition, defense counsel noted that Dao was wearing platform flip-flops at the time of the incident, and argued that Dao’s fall was likely caused by her coming out of her shoe while exiting the bathroom., Dao sustained multiple fractures in her right, dominant arm with at least one fracture being displaced. She was placed in an ambulance and transported to a nearby hospital. Within a day of the fall, Dao underwent open reduction and internal fixation surgery. She remained in the hospital for several days before being sent home. She then underwent physical therapy and some follow-up treatment. Dao claimed that she was left with permanent problems and weakness in her arm. Specifically, she claimed she now has decreased flexion and a reduced range of a motion in her right arm. She alleged that as a result, she was not able to return to her job as a parts inspector, as her duties required fine motor skills, and she was not working at the time of the trial. Dao further claimed that she had partially lost the use of her right arm and, thus, needed help with cooking and chores around the house. Dao’s niece, who worked as a physical therapist and life care planner, but was not a designated expert, testified that Dao would need someone to assist her with chores for part of the day. The niece also estimated the cost of hiring someone for that role. Dao’s counsel also retained an expert economist who calculated the present value of that cost. Dao sought recovery of past and future lost earnings, and damages for her past and future pain and suffering. During closing arguments, her counsel asked the jury to award $7 million in total damages. Dao’s husband, Van Thach Phung, filed a derivative claim, but it was dismissed before trial. Defense counsel admitted that Dao had fractured her arm and that Dao still had some residual problems stemming from the fall. However, the defense’s orthopedic expert opined that Dao had some use of her right arm and, thus, could find ways to cook and do household chores without assistance. The defense’s vocational rehabilitation expert agreed that Dao no longer had the fine motor skills necessary for her to perform her job. However, he also opined that Dao could still do some types of work and, thus, could have found alternative employment.
COURT
Superior Court of Los Angeles County, Torrance, CA

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