Facts

Dina Kozlenko went to the West Buffet restaurant in Carlsbad. When she sat down and adjusted her chair forward, her upper middle finger became crushed between the base and the seat of her chair. She sued the restaurant owner, West Buffet Carlsbad Inc., and the former owner of the restaurant, C & Z Restaurant Inc. She alleged that the defendants negligently maintained the premises, creating a dangerous condition. The Court found that C & Z was the owner at the time of the accident, and West Buffet was dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Kozlenko contended that the seat of the chair was not firmly attached to the base because two screws were missed. This caused the seat to lift up when she adjusted her chair forward, causing her finger to become stuck between the seat and the base.

DEFENDANT'S CONTENTIONS:
C & Z denied the accident ever occurred, claiming that there was no record of the incident at the restaurant even though Kozlenko claimed she reported it after it happened.

Damages

Kozlenko sought $10,000 for future medical costs, $300,000 for past pain and suffering, and $200,000 for her future pain and suffering.

Injuries

Kozlenko crushed the upper middle finger on her left hand. After experiencing excruciating pain in her finger, she sought care from her primary care physician. She was diagnosed with a finger fracture and had it splinted. While the finger healed reasonably well, she claimed she now suffers from nerve damage and further pain symptoms.

Result

The jury awarded Kozlenko $40,000.

Deliberation

four hours

Length

five days