Case details

Plaintiff had notice of mopped floor, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, lumbar, strain
FACTS
On July 27, 2013, plaintiff Ashley Demolay, 27, a retailer’s price coordinator, was exiting a bathroom stall when she fell in a public restroom at the Irvine Spectrum Center, an outdoor shopping and entertainment center in Irvine. Demolay claimed to her lower back. Demolay sued the owner of the Irvine Spectrum Center, The Irvine Co., LLC, and a janitorial company responsible for maintenance of the Irvine Spectrum Center, Millard Mall Services Inc. Demolay alleged the defendants failed to properly inspect, maintain and/or repair the public restroom, creating a dangerous condition. Plaintiff’s counsel contended that the subject restroom was being cleaned and mopped by an agent of The Irvine Co. who failed to place a sign or give other warnings of the wet and slippery nature of the floor. Counsel argued that by cleaning the floors of the restroom while it was open for use to the public and failing to give adequate warnings, the defendants were negligent. At trial, defense counsel’s motion for non-suit as to The Irvine Co. was granted. Irvine Spectrum Center, which was an erroneously named defendant, was let out of the case early on. Thus, the trial continued against Millard Mall Services only. Defense counsel argued that the janitor from Millard Mall Services had a sign placed in the bathroom while it was being mopped. Counsel also argued that even if there wasn’t a sign, Demolay had notice of the alleged wet floor, as she admitted to seeing the janitor mopping the floor as she walked into the restroom and entered a bathroom stall., Demolay claimed she strained a muscle in her back. She subsequently went to an emergency room and received an injection in her back. She then treated with muscle relaxers and physical therapy. Demolay claimed that she developed fibromyalgia as a result of her fall, resulting in ongoing back pain, which she was still suffering at the time of trial. She also claimed that as a result of her condition, she was suffering from post-traumatic stress disorder. During closing arguments, plaintiff’s counsel requested that jury award Demolay in excess of $400,000 in damages. Defense counsel argued disputed the extent of Demolay’s alleged . Counsel noted that Demolay had prior back complaints and that after her fall, Demolay attended the John Mayer concert that night. Defense counsel also argued that if Demolay was injured in the fall, her injury would have only required the one visit to the emergency room and that any complaints thereafter were causally related to her pre-existing condition.
COURT
Superior Court of Orange County, Orange, CA

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