Case details

Patron claimed cashier’s actions caused foot injury

SUMMARY

$3827182.12

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neurological, reflex sympathetic, right foot
FACTS
On Aug. 5, 2011, plaintiff Janet Didone, an unemployed 49 year old, was at a Jack in the Box restaurant in Lebec when she was struck in the right foot by a metal panel that flew off the restaurant’s ice machine. The panel came off the machine when the restaurant’s cashier violently shook it to dislodge some ice. Didone claimed to her right foot. Didone sued Jack in the Box Inc. Didone alleged that the cashier was generally negligent for shaking the ice machine and that Jack in the Box was vicariously liable for its employee’s negligence. Plaintiff’s counsel argued that Jack in The Box refused to accept responsibility for the incident even though its own employees admitted that the cashier acted unreasonably and against company policy in violently shaking the ice machine., Didone suffered a superficial laceration and bruise to her right foot. She was subsequently driven to an emergency room on the evening in question. She claimed the laceration developed into complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. As a result, she received 14 epidural nerve block injections and had a spinal cord stimulator implanted. Didone claimed her condition causes ongoing pain, discomfort, and restrictions on all daily activities. Thus, she sought recovery of $250,000 in past medical expenses and approximately $400,000 in future medical expense, based on a life care plan that was presented. Didone further sought recovery of $1.5 million in damages for her past pain and suffering and $2.9 million in damages for her future pain and suffering. Defense counsel contended that Didone only needed a fraction of her alleged life care plan and that her pain and suffering was minimal.
COURT
Superior Court of Kern County, Kern, CA

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