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Torts
Premises Liability
Failure to Warn

Samuel Krboyan v. Moshe Aflalo, an individual; Laura Anne Alflalo, an individual; A and H Management; Magnolia Foods Inc., a California Corporation dba Alley Dog and Does 7 to 25, Inclusive

Published: Apr. 30, 2011 | Result Date: Dec. 1, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC423532 Settlement –  $245,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Tigran Martinian
(Law Offices of Martinian & Associates Inc.)


Defendant

Fred L. Krakauer


Facts

On Dec. 24, 2008, Samuel Krboyan and his wife visited Alley Dog, a restaurant owned by Magnolia Foods Inc. Samuel slipped and fell when he walked to the window to place an order. He later sued Magnolia, alleging premises liability.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the floor was filthy, littered with liquid and food. The items allegedly included water, condiment packets, a crushed hotdog, and avocado. Further, plaintiff argued that no warning signs existed.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff failed to pay attention and that the danger was clear. Further, defendant alleged that workers at the store had not been notified of the hazards.

Damages

Plaintiff sought $108,000 in medical specials.

Injuries

Plaintiff suffered a comminuted fracture, distal fracture, femur fracture, internal fixation, nerve damage, open reduction, scarring, and disfigurement.

Result

The parties settled for $245,000.

Other Information

Travelers insured Magnolia Foods.


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