Facts

On Aug. 13, 2006, plaintiff Jackie Bruce slipped and fell on a grease spill on marble floor near the concession stand at defendant Pacific Theatres at the Grove in Los Angeles.

PLAINTIFF'S CONTENTIONS:
Bruce claimed that a warning cone was placed next to the spill and showed that Pacific Theatres had actual knowledge of the dangerous condition before the incident. She alleged that Pacific Theatres failed to follow its own safety procedure, which required an employee to stand over the spill and warn patrons until the floor was clean and dry. She further alleged that the fall was a life-changing event.

DEFENDANTS' CONTENTIONS:
The defense contended that the warning cone had been placed in the area as a precaution and not as a result of any spill. The defense alleged that proper inspection procedures were in place at the time of Bruce's incident and included monitoring of the area by a full time porter, as well as inspections conducted at approximately 3:35 and 3:45, just prior to Bruce's 4 p.m. fall.

The defense argued that it had no actual or constructive notice of the spill and was not liable for Bruce's fall. The defense also argued that Bruce's lower back symptoms were the result of a pre-existing neuropathy and that her ankle and back surgeries were unrelated to injuries suffered in the incident.

Settlement Discussions

Bruce made a C.C.P. section 998 demand of $275,000. The defense made a C.C.P. section 998 offer of $75,000.

Damages

Bruce sought $450,000 for past medical, past and future lost earnings and pain and suffering.

Injuries

Bruce suffered fractures to her distal radius and fibular shaft and to her left wrist. She alleged that the fall exacerbated a pre-existing degenerative back condition that caused radiculopathy from the L5-S1 nerves. She alleged medical expenses of $100,000, which included the cost of an ankle arthroscopy to remove scar tissue and lumbar surgery to decompress nerve roots. Bruce also alleged that she was forced to quit her job as a property manager due to her injuries, and sought recovery for past and future lost earnings.

Result

Defense verdict.

Deliberation

5.5 hours

Poll

9-3

Length

seven days