Case details

Trail of liquid on restaurant floor caused slip and fall: plaintiff

SUMMARY

$850000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fracture, knee, meniscus, patella, tear
FACTS
On Jan. 7, 2017, plaintiff Jorge Perez, 43, a warehouse supervisor, was leaving a restroom at Hibachi Buffet, an Asian-style buffet restaurant in Inglewood, when he slipped and fell. He landed on his left knee, allegedly sustaining to it. Perez sued Hibachi Buffet, alleging that Hibachi Buffet failed to properly maintain the restaurant, creating a dangerous condition. Perez claimed he slipped on a trail of liquid that was leading down the long hallway to the kitchen. Plaintiff’s counsel contended that the trail of liquid was created by one of the restaurant’s employees, who used that hallway to access the kitchen, and that the floor was slippery when wet. Counsel also contended that there was no way to see the liquid before the fall, as it blended into the ground. Plaintiff’s counsel based their argument on the restaurant’s employees’ testimony that they used the hallway to access the kitchen, photographs of the hallway, and discovery responses. Defense counsel argued that there was no way to prove that the subject liquid came from one of the restaurant’s employees or that a bussing cart created the liquid within the time that Perez was in the restroom., Perez sustained a comminuted fracture of his left patella, which fractured into multiple pieces. He was immediately taken to a hospital and underwent open reduction and internal fixation surgery six days later, on Jan. 13, 2017. He then underwent approximately nine months of physical therapy. However, Perez claimed his knee pain continued, so he underwent an MRI, which revealed a meniscus tear. He ultimately underwent a meniscectomy on Sept. 14, 2018, and he had one round of platelet rich plasma injections in the summer of 2019. Perez claimed that he still suffers from knee pain and that he developed arthritis in his left knee. He alleged that as a result, he walks with a limp and suffers pain with each step. He also alleged that whenever he engages in activities such as walking, he has to always think about how long he will be able to walk before he needs to take a break and sit with his knee stretched out. Perez further claimed that he continues to receive care from an orthopedic surgeon, but that he must take pain medication when his pain gets bad and that he will eventually need a knee replacement in about 10 to 15 years due to the arthritis. However, he claimed that his arthritis is going to continue for the rest of his life. Perez kept working after the incident, but he claimed he had to go back to work as a part-time driver/warehouse supervisor because he needs help with things such as bending or lifting heavy items. Plaintiff’s counsel asked the jury to award Perez $4.5 million for Perez’s past medical expenses, future medical expenses, and past and future pain and suffering. Defense counsel contested Perez’s past medical costs, and argued that Perez would not need any future treatment.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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