Case details

Plaintiff claimed insufficient lighting at restaurant caused fall

SUMMARY

$85000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
diplopia, double vision, face, facial, fracture, nerve, neurological, nose, sensory, speech
FACTS
On April 7, 2011, plaintiff Karen Filimon, 58, a senior vice president/human resources manager at a bank, was having dinner with her family in an elevated dining area at Casa Escobar Restaurant, located at 2809 Agoura Road in Westlake Village. As she was walking back from the restroom to her booth, Filimon tripped and fell, her face. Filimon sued the restaurant’s operator, Casa Escobar Westlake Corp.; the restaurant’s owner, Katherine Harvey; and the property owner, Village Glen Plaza LLC. for premises liability. Filimon alleged that the defendants failed to properly maintain its property, creating a dangerous condition. Village Glen Plaza was ultimately let out of the case, and the matter continued against the remaining defendants. Filimon claimed her foot unexpectedly hit an unnoticeable single step in her path, causing her to trip and fall. She alleged that Harvey and Casa Escobar Westlake Corp. failed to address insufficient lighting to exits on the premises and an unsafe single step, allowing the dangerous conditions to remain and result in the accident. Defense counsel denied there was any dangerous condition and contended that Filimon was at fault for not observing the illuminated step., Filimon sustained a blunt-force trauma to her head, facial fractures, an orbital fracture resulting in an injury to her eye, severe bruising and a facial hematoma. She also claimed pain to her left, non-dominant shoulder. Filimon was subsequently taken to Los Robles Hospital and Medical Center in Thousand Oaks. She ultimately underwent two major surgeries to her eye and one major surgery for her nose. Filimon took several months off from work for her facial surgeries. However, she claimed she suffers permanent facial nerve damage from the hematoma in her cheek, causing an asymmetrical smile. She also claimed she still suffers from double vision and shoulder pain. Thus, Filimon sought past and future medical costs totaling approximately $56,000 and past loss of earnings totaling approximately $17,380.11. She also sought recovery of damages for her pain and suffering.
COURT
Superior Court of Ventura County, Ventura, CA

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