On April 6, 2014, plaintiff Sally Ember, 61, an author, walked into a Papa John’s restaurant, located at 2222 Shattuck Avenue, in Berkeley, to purchase food when she tripped over two canes that belonged to blind customers, and which were left on the ground. Ember fell and allegedly struck her head. She claimed she sustained a brain injury. Ember sued the operator of Papa John’s, YJ Pizza. Ember alleged that YJ Pizza was negligent in failing to maintain a safe environment. Defense counsel disputed negligence, contending that YJ Pizza followed the proper store-inspection policies. Counsel also argued that Ember tripped and fell because of her own negligence and that of the cane owners., Ember sustained blunt force trauma to her head, allegedly resulting in a concussion and a fractured nose. She was subsequently taken by ambulance to Alta Bates Summit Medical Center, in Oakland, where she underwent minor treatment and was released within 24 hours. Ember claimed that she suffered a brain injury, resulting in memory issues, word retrieval difficulties, and a change in personality. She also claimed she suffers from post-traumatic stress disorder as a result of the incident. Ember underwent three months of chiropractic care and on-going cognitive therapy. However, she alleged that she continues to have limitations related to her memory issues, including personality changes, depression, difficulty concentrating, and difficulty retrieving words. Thus, Ember sought recovery of $20,026 in past medical costs and injury-related expenses, such as the cost of a gym membership, house-cleaning services, and taxi cab rides. She also sought recovery of $10,000 to $50,000 in future medical and psychological care costs, and $112,000 in lost income potential as an executive assistant and in losses in the sale of her books due to her inability to market them. In addition, Ember sought recovery of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Ember’s alleged , noting that Ember has been able to continue pursuing her writing career despite her alleged head .
