Case details
Theater’s failure to warn of swinging door, caused fall: plaintiff
SUMMARY
$1500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
elbow, fracture, hip
FACTS
On Feb. 6, 2018, plaintiff Ofelia Rozen, 83, allegedly fell through a swinging door at Reading Cinemas Town Square, a movie theater in San Diego. Rozen claimed to her hip and pelvis. Rozen sued Reading Cinemas Town Square and the operator of the theater, Reading International. Rozen alleged that the defendants failed to repair and/or maintain the door, creating a dangerous condition, and that the defendants failed to warn of the dangerous condition. Rozen claimed that she believed the swinging door/counter was a wall or solid counter, so that when she rubbed against it and the door swung open, she fell over. Plaintiff’s counsel contended that the door’s latch should have held the door closed, but it failed to work properly, causing it to swing open. Counsel also contended that the defendants knew or should have known about the dangerous contention of the door, but failed to repair it or take any reasonable measures to warn customers about it by using warning signs or roping off the door. The defendants did not admit liability, and they disputed Rozen’s version of events., After the alleged incident, Rozen went into the theater and watched a movie, but she was later taken by wheelchair to her car after the movie. The next day, she went to her primary care physician, who referred Rozen to an orthopedic specialist. Rozen was ultimately diagnosed with a fractured hip and sacrum. While she did not undergo any surgeries, Rozen claimed that she was weakened by her , which caused her to have a subsequent fall that resulted in a fractured elbow. She also claimed the arthritis in one of her knees was aggravated by the subject fall. Rozen sought recovery of past and future medical expenses, and damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Rozen’s alleged and damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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