Facts

Plaintiff Glenn Mastron was riding a motorcycle to Cook's Corner in Trabuco Canyon, with his wife, plaintiff Sandra Mastron, sitting behind him on Aug. 5. 2007. The Mastrons filed suit against Gas 'n Go Inc., operating as Cook's Corner, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
The Mastrons alleged that, while the motorcycle turned into the restaurant's parking lot, a volunteer for Cook's Corner dropped an orange traffic cone in their path, which caused them to swerve and lose control of the motorcycle. They contended that the parking lot's gravel was too thick, with crevices in the area. The Mastrons further contended that the volunteer directing traffic was an agent of Cook's Corner with authority to act on its behalf and that he directed the motorcycle into another parking lot and dropped the traffic cone, causing the accident.

DEFENDANT'S CONTENTIONS:
Cook's Corner contended that the incident could not have happened where the Mastons claimed and that there was no dangerous condition. It further claimed there was no volunteer or agent directing traffic and the sole cause of the accident was negligent operation of the motorcycle.

Damages

Sandra Mastron sought $23,000 in past medical costs as well as past and future pain and suffering. Glenn Mastron sought damages for loss of consortium, loss of services, as well as past and future pain and suffering.

Injuries

Sandra Mastron sustained second and third degree burns to her right ankle, calf, and thigh, and underwent a skin graft. She also claimed she suffered soft-tissue injuries to her back and shoulders, as well as permanent scarring to her right leg. Sandra stated she suffered residual pain and itching in the scarred areas and that she could not go on motorcycle rides or perform housework.

Result

The jury rendered a verdict for the defense.

Deliberation

20 minutes

Length

five days