On July 19, 2014, plaintiff Misak Khloyian, 62, a retiree, was having dinner with his family at Fusion Sushi, in Hermosa Beach. Although Khloyian weighed 160 pounds, the chair that he was seated on collapsed beneath him, causing him to fall to the ground and allegedly injure his right shoulder. Khloyian sued Fusion Sushi. Khloyian claimed that the subject chair had rust at the joints where it collapsed. Thus, he alleged that the restaurant failed to properly maintain the chair, creating a dangerous condition. Defense counsel denied the existence of rust on the chair and denied that Fusion Sushi’s procedures and protocols were insufficient to prevent the incident. Counsel also argued that Fusion Sushi had no notice of any problem with the chair and, therefore, it was not liable for the incident., Khloyian sustained a contusion and a grade 1 acromioclavicular joint separation of his right, dominant shoulder. He subsequently presented to an emergency room on the evening of the incident and then underwent eight months of conservative treatment, which included physical therapy and injections, before being discharged by his doctor. Khloyian claimed that over the next two years, his condition deteriorated. As a result, he presented to an expert orthopedic surgeon with complaints of not being able to raise his arm above his head, lift heavy objects, or sleep on his right side. The plaintiff’s treating orthopedic surgery expert diagnosed Khloyian with traumatic arthritis of the shoulder. As a result, the surgeon performed an arthroscopy on the shoulder on April 10, 2017. Khloyian made a complete recovery. Thus, he only sought recovery of past medical costs and damages for his past pain and suffering. No claim was made for any future damages. Defense counsel contended that medical records revealed that Khloyian recovered from his shoulder injury after eight months of treatment. Thus, counsel argued that any problems Khloyian had with his shoulder in 2017, when the surgery was performed, had nothing to do with the collapsed chair incident of 2014.
