Case details
Slippery floor between mats caused fall, plaintiff alleged
SUMMARY
$1810000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, herniated disc, lumbar, neck, neurological, radiculopathy
FACTS
On Oct. 30, 2016, plaintiff Robert Carmack, 62, a retiree, was going to see a movie at the AMC Glendora 12 movie theater, in Glendora, with his wife as part of their date night. It had been raining, and the theater had laid down two rugs/mates to protect patrons from falling. However, as Carmack was entering the theater, he fell in the space between each of the mats. He claimed to his neck, back and a shoulder. Carmack sued the owner of the AMC Glendora 12, American Multi-Cinema Inc., and the manager of the AMC Glendora 12 theater, Patrick Arguello. Carmack alleged that the defendants were negligent in their maintenance of the theater, creating a dangerous condition. Arguello was ultimately dismissed from the case, and the matter continued against American Multi-Cinema only. Carmack claimed that as he stepped off the first mat, he slipped and fell. Plaintiff’s counsel contended that American Multi-Cinema forced customers to enter the theater to purchase tickets through a path delineated by stanchions, but that the path chosen by American Multi-Cinema was over a slippery terrazzo floor. Counsel also contended that American Multi-Cinema only put down two mats, leaving a gap between them, so patrons were forced to walk on the terrazzo floor between the two mats. Thus, plaintiff’s counsel argued that the two subject mats were not enough to protect patrons from falling. Defense counsel argued that American Multi-Cinema acted reasonably by providing two mats when industry standards only dictate the use of one mat when it is raining. Counsel also argued that Carmack may have tripped, and not slipped at all., Carmack claimed he suffered herniated cervical discs at the C5-6 and C6-7 levels, and a tear of a shoulder’s rotator cuff. He also alleged that his fall temporarily aggravated his pre-existing lower back issues, which included bulging lumbar discs and radiculopathy. Two days after the incident, Carmack presented to his primary care physician with complaints about pain to his neck and a shoulder. Carmack was referred to a specialist, who referred him for six months of physical therapy. The specialist also administered two epidural injections in Carmack’s neck and a cortisone injection in Carmack’s injured shoulder. Carmack ultimately underwent a cervical fusion. He also underwent arthroscopic surgery to repair the torn rotator cuff. Carmack claimed that he now suffers from adjacent segment disease in his cervical spine and that he continues to suffer pain in his neck and shoulder. He alleged that his condition causes limitations in his acts of daily living and that he has to rely on others to fulfill certain daily living requirements. He also alleged that uses pain killers regularly. Carmack claimed that he will eventually need another fusion surgery as a result of the adjacent segment disease. He also claimed that he will eventually require a revision arthroscopy on his shoulder and a shoulder joint replacement, all within the next five to six years. Carmack sought recovery of future medical costs, and damages for his past and future pain and suffering. His wife, Christine Carmack, initially presented a derivative claim, but she was dismissed from the case prior to trial. Defense counsel argued that Mr. Carmack only had minor soft tissue and that all of Mr. Carmack’s alleged were pre-existing and degenerative in nature.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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