Ana Rodriguez v. El Pollo Loco Inc., BAS Food Service Inc.
Published: May 21, 2016 | Result Date: Dec. 16, 2015 | Filing Date: Jan. 1, 1900 |Case number: 37-2014-00008266-CU-PO-CTL Verdict – $130,800
Court
San Diego Superior
Attorneys
Plaintiff
Edward C. Meara
(Law Offices of Howard A Kitay)
Defendant
Facts
Ana Rodriguez sued El Pollo Loco Inc. and BAS Food Service Inc., in connection with a slip and fall incident that allegedly occurred on Jan. 4, 2014.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly slipped and fell inside an El Pollo Loco restaurant in Chula Vista, injuring her shoulder and wrist. She sued defendants for failing to warn against a dangerous condition.
DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's claimed injuries, contending they were not caused by the alleged fall.
Settlement Discussions
Rodriguez made a CCP 998 demand of $450,000, which defendants countered with a $65,000 offer.
Injuries
Rodriguez fractured her left, dominant wrist requiring surgery to repair it. She also underwent surgery to repair a torn rotator cuff. Both were related to the fall. Despite treatment, she claimed she continued to experience issues with her range of motion. Rodriguez also claimed that the fall made her shoulder even worse.
Result
The jury rendered a verdict in Rodriguez's favor and awarded her $130,800 in total damages, including $20,800 in past medical expenses, $5,000 in future medical expenses, $15,000 in past lost earnings, $5,000 in future lost earnings, $40,000 in past non-economic damages, and $45,000 in future non-economic damages.
Other Information
FILING DATE: March 24, 2014.
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