Case details

Server: Forearm injury prevents her from returning to work

SUMMARY

$1321511

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, laceration, severed, tendon, torn
FACTS
On Oct. 24, 2013, plaintiff Cynthia Forgays, 59, a server at Spago, a restaurant in Beverly Hills, was working a nighttime, charity dinner and auction, during which outside vendors placed television monitors and speaker stands throughout the restaurant. As she was carrying several dinner plates, Forgays tripped over a tripod leg that was supporting a speaker stand that was supplied by the audio consultant, Jorge Vivo. The plates broke and lacerated Forgays’ right forearm. Forgays sued Vivo; the company that handled the television monitors, On-Stage Rentals Inc.; and the event production company, Samantha Sackler Productions. Forgays alleged that the defendants were negligent for creating a dangerous condition. On-Stage Rentals and Samantha Sackler Productions each agreed to settle with Forgays and were subsequently dismissed from the case. Spago was not a defendant at trial. Forgays claimed that the speaker was unnecessarily placed in the walkway where servers would be walking to and from the kitchen. She also claimed that the black tripod leg, over which she tripped, was largely invisible during the nighttime auction and that it needed to be marked with reflective paint or tape to make it visible. Vivo’s counsel argued that it was the responsibility of the restaurant, Spago, and the event production company, Samantha Sackler Productions, to maintain patron and worker safety., Forgays suffered severe lacerations of her right, dominant forearm, such that the tendons were allegedly severed. She was subsequently taken to Cedars-Sinai Medical Center, in Los Angeles, where she underwent a repair surgery. Forgays then underwent 18 months of rehabilitation for her right arm. Despite treatment, Forgays allegedly cannot make a fist with her right hand. She claimed that as a result, she has been unable to carry out her duties as a server, such as being able to carry dinner plates or remove corks from wine bottles. Forgays had been a server at Spago for over 12 years and regularly earned over $50,000, but she has not been able to return to work since the accident. However, she will not undergo future treatment. Thus, Forgays sought recovery of past medical costs, past and future loss of earnings, and non-economic damages for her pain and suffering. Defense counsel denied that Forgays’ tendons were severed and that Forgays decision to not return to work was related to her injury. Counsel contended that as Forgays was nearly 60 years old, she had no expectations of returning to work as a server and was seeking a less demanding profession.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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