Case details

Restaurant denied mopping floor on morning of alleged fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
right arm
FACTS
On the morning of Dec. 25, 2010, plaintiff Laura Neufeld, a legal secretary in her 40s, walked into the ladies’ restroom of a Black Bear Diner in Sonoma when she slip and fell. She sustained to her right dominant arm. Neufeld sued the believed operators of the diner, Da 4 Bears Inc., Black Bear Diners Inc., Sonoma BBD Inc. and Sonoma BBQ Inc. She alleged the defendants failed to properly maintain the restroom, creating a dangerous condition. It was ultimately determined that the operator of the diner was Da 4 Bears Inc. Thus, the other defendants were let out of the case and the matter proceeded to trial against Da 4 Bears only. Neufeld claimed the floor of the restroom was slippery and it looked wet, as if it had just been mopped. She claimed that as a result of the floor’s condition, she slipped and fell. Da 4 Bears denied liability, claiming the floor of the diner’s restroom was not mopped on the morning of the alleged accident., Five weeks after the accident, Neufeld first presented to a physician and was diagnosed with a torn rotator cuff of her right shoulder. She subsequently underwent two shoulder surgeries. Neufeld claimed she was left with a brachial plexus nerve injury to her right shoulder. She alleged that as a result, she is disabled form working. Thus, Neufeld sought recovery for her medical costs and loss of earnings. She also sought recovery of damages for her pain and suffering. Her husband, Paul Neufeld, sought recovery for his loss of consortium.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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