Case details
Fall down stairs in darkened theater caused leg fracture: suit
SUMMARY
$1633621.97
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
disfigurement, fracture, leg, scar
FACTS
On Jan. 3, 2010, plaintiff Cynthia Piazza, 55, a mortgage broker/office manager, went to AMC Theaters Mission Valley 20 in San Diego. While ascending a staircase inside the theater room, Piazza tripped and fell down the stairs to the ground, her right leg. Piazza sued AMC Theaters Mission Valley 20, AMC Entertainment Inc., and American Multi-Cinema Inc., as well as the owning entities of the shopping center where the theater was located, Westfield America Limited Partnership and Westfield America Inc. Piazza alleged the defendants were negligent per se for failing to maintain and repair the staircase, creating a dangerous condition. Piazza ultimately only pursued her action against AMC Entertainment at trial. Piazza contended that that there were no handrails in the area of the staircase where she tripped and that combined with the dark theater, it constituted a dangerous condition. She also contended that even in the area where handrails were located, they were painted too dark to be visible in the darkened theater. AMC Entertainment claimed the subject theater room was built to code, in that there were no violations or dangerous conditions. It further claimed that Piazza would have fallen regardless of there being handrails, and that her inattentiveness caused the accident and her injury., Piazza sustained a periprosthetic fracture of her right femur at the tip of a prior hip replacement. As a result, she was taken by ambulance from the movie theater to an emergency room. Two days later, on Jan. 5, 2010, she underwent open reduction and internal fixation with the insertion of a plate and cadaver bone. In September 2010, Piazza underwent another surgery, this time to trim the cadaver bone. In addition, she received physical therapy through November 2010. Piazza claimed she has residual scarring on her right leg as a result of the fall, and still suffers from some pain and reduced function. She claimed that she has not returned to work since the accident and that she can no longer walk long distances. In addition, she claimed she now has trouble climbing up and down steps, and is limited in traveling with her husband. The plaintiff’s orthopedic expert testified that Piazza’s condition will require future supportive care. Thus, Piazza sought recovery of damages for her past and future medical costs, past and future lost earnings, and past and future pain and suffering. Defense counsel contended that Piazza caused her own injury, but did not dispute the severity of her injury.
COURT
Superior Court of San Diego County, San Diego, CA
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