Case details

Restaurant patron claimed grease on floor caused fall

SUMMARY

$25000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
knee, meniscus, tear
FACTS
On June 16, 2012, plaintiff Martha Vega, 47, an investment account executive, was dining at a Red Robin restaurant, in Orange, when she fell near the exit of a bathroom. She claimed she injured her right knee in the fall. Vega sued the operator of the restaurant, Red Robin International Inc., alleging the restaurant failed to properly maintain the floor, creating a dangerous condition. Specifically, Vega claimed that as she exited the restaurant’s bathroom, she slipped and fell on grease that was left on the floor. She alleged that the foreign substance (grease) originated in the kitchen and that the restaurant’s employees failed to timely clean up the dangerous condition. Red Robin denied there was any foreign substance on the floor at the location of Vega’s fall. Defense counsel disputed the alleged slip and fall based on Vega falling forward, which counsel asserted is more commonly observed when someone stumbles or trips. Counsel claimed that the plaintiff’s and defense’s accident reconstruction experts agreed that the Red Robin floor surface was safe and slip resistant, even if water was spilled on it. Defense counsel further noted that Red Robin employees observed Vega wearing stiletto heels at the time of the accident. Thus, the defense’s accident reconstruction expert would have testified that the stiletto heels could have contributed to Vega stumbling forward., Vega claimed she suffered a tear of the right knee’s meniscus. She ultimately underwent arthroscopic surgery. Vega claimed she made a good recovery following the surgery. Thus, Vega sought recovery of $23,394 in medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel contended that Vega a prior tear of the anterior cruciate ligament, which required a right knee reconstruction several years before the subject fall. Thus, defense counsel argued that Vega’s meniscus injury was consistent with being a residual problem from that prior knee injury.
COURT
Superior Court of Orange County, Santa Ana, CA

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