Facts

On Nov. 11, 2006, plaintiff Hilaria Diaz went to eat at Birrierria Rosa Maria in Van Nuys. Her friend, Jose Saldana, accompanied her at the restaurant.

After their meal, Diaz proceeded to leave the restaurant. As she stepped onto the door's threshold, a bug fan suddenly blew air onto her face and hair, causing her hair to blow into her eyes. This action startled her and momentarily blocked her vision. Diaz lifted her head and raised her hand to her forehead push her hair back.

At the same time, one of her feet stepped onto the door's threshold with the foot partially over the outside edge. The next thing she remembered, she had fallen forward and onto the asphalt driveway just outside the restaurant door. This sudden violent impact caused her to suffer compound comminuted distal radial and ulnar fractures to her left wrist. Although Saldana and at least two restaurant employees were present at the time, no one saw Diaz fall.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed dangerous condition of the entrance/exit to the restaurant. According to plaintiff's accident reconstruction expert, Brad Avrit, the applicable LABC code issued in 2001 applied. LABC §91.1003.3.1.6 required that the floor level door thresholds not be higher than one inch. At the time of the accident, the threshold differential varied between one and one-half inches to one and three-quarters inches from the threshold to the driveway. There is also eight percent slope towards the street which only partially explains the improper variation in the height differential creating the code violation.

Plaintiff contended that the asphalt was pitted and uneven, increasing the dangerous and unsafe nature of the entrance/exit to the restaurant.

DEFENDANT'S CONTENTIONS:
Defendants contended that the building complied with city code regulations. Defendants also contended that Diaz caused her own injuries by failing to pay attention as she exited the restaurant.

Settlement Discussions

The parties participated in private mediation on May 8, 2009.

Specials in Evidence

$33,047 $82,000

Result

The case settled for $245,000 at the mandatory settlement conference.

Other Information

FILING DATE: Aug. 13, 2008.