Facts

On Feb. 16, 2010, plaintiff Walter Kencke, 64, was exiting the Twin Pine Casino in Lake County. As he stepped outside the door, he tripped over a loose laid mat that had been placed by defendant Mission Linen Supply Inc. pursuant to a contract with the casino. There were no witnesses, but there was surveillance video that allegedly depicted the fall. The Middletown Rancheria Band of Pomo Indians of California owns the casino.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent for supplying and placing the mat without affixing it to the ground. Plaintiff claimed that defendant violated various provisions and standards set forth in the ADA, the California Building Code, ANSI and ASTM.

DEFENDANT'S CONTENTIONS:
Defendant denied it was negligent, and claimed that they did not breach any duty.

Settlement Discussions

Plaintiff's pre-trial demand was $3.9 million, reduced to $1 million during trial. Defendant's pre-trial offer was $150,000 pursuant to CCP 998.

Specials in Evidence

$54,213 $1,275,274

Injuries

A month after the fall, plaintiff underwent bilateral decompression and fusion surgery from C6-T1. He then developed what his surgeon called cervical myeloradiculopathy, resulting in numbness to both upper extremities. By the time of trial, plaintiff could no longer care for himself, requiring 24-hour assistance. Defendant's medical expert testified that plaintiff did not suffer any injury to his spine as a result of the fall. He also testified that an MRI of plaintiff's brain performed in 2008, showed signs of brain atrophy.

Result

Defense verdict.

Other Information

Before filing his lawsuit in superior court, plaintiff filed a lawsuit in tribal court against the casino. Throughout the litigation, the tribe filed numerous Motions for Protective Order, seeking to preclude defendant from accessing witnesses and evidence, as well as to preclude various witnesses from testifying at trial. The trial judge permitted plaintiff's expert to testify regarding the content of surveillance videos of the fall, despite that fact that defendant was never given an opportunity to view the videos. The surveillance videos weren't produced at trial. EXPERT TESTIMONY: Plaintiff's experts testified that Mission Linen had a duty to ensure that a safe mat was placed at the exit door, and that the subject mat should have been affixed to the ground. FILING DATE: July 28, 2011.

Deliberation

five hours

Poll

9-3 (defendant was not negligent)

Length

four weeks