Facts

On Dec. 14, 2006, plaintiff Christine Espinoza injured her hand after her fingertips caught in the doorjamb of a toilet stall when the door closed at Here Lounge, a Los Angeles nightclub owned and operated by defendant 696 North Robertson LLC. A security staff member, who worked through defendant Venue Management Systems Inc., a professional employers organization, was assigned to oversee crowd control near the private toilet stall where Espinoza was injured.

Espinoza filed suit against Venue Management Systems Inc. alleging it was vicariously liable for the negligence of its employee, the security guard. Espinoza also filed a premises liability claim against 696 North Robertson LLC alleging premises liability.

The allegedly defective door opening device was disposed of before Espinoza had an opportunity to examine it. She argued to the court that the disposal constituted spoilation of evidence and the court agreed. As such, the burden shifted to 696 North Robertson to prove that the door opening device was not defective.

PLAINTIFF'S CONTENTIONS:
Espinoza alleged that the guard opened the stall door and let it go as she was stepping inside. She stated that she lifted her left hand in front of her eyes as the door came toward her. Espinoza further contended that as the door moved closer, the closing of the door forced her left hand toward her right, and resulted in two fingertips on her left hand to be caught and crushed by the door hinge area.

Espinoza contended that the security staff member was negligent when he let go of the stall door. She also alleged that 696 North Robertson maintained a defective door opening device.

DEFENDANTS' CONTENTIONS:
The defense alleged that the security employee did not let the door go at the time of the incident. Further, the defense alleged that Espinoza had exited the stall, and was resting her left hand on the door when another unidentified patron ran to the door and closed it, from the inside, on Espinoza's hand. The defense further contended that the restroom stall door closing mechanism was functioning properly.

Specials in Evidence

Espinoza sought to recover $44,982 in past medical costs. Espinoza sought approximately $40,000 in lost wages. Espinoza sought an unspecified amount for lost future earning capacity. Espinoza sought $5,000 to $10,000 for future plastic surgical procedures.

Injuries

Espinoza sustained a tuft fracture to the left index fingertip and a crushing injury to two joints of her left middle finger.

Result

The court entered a verdict in favor of Venue Management Systems Inc. Additionally, the court found Espinoza 70 percent comparatively negligent and 696 North Robertson LLC 30 percent comparatively negligent. The parties settled prior to the damages phase.

Other Information

FILING DATE: Jan. 4, 2008.