Facts

Geneiveve Vasquez sued Golden Corral Corp., Hesperia Corral LLC, Johnny Rojo, John D. Sanchez and California Corral Inc., after she tripped and fell while visiting a Golden Corral restaurant.

Plaintiff dismissed all defendants except California Corral Inc.

PLAINTIFF'S CONTENTIONS:
Vasquez, 50, visited a Golden Corral restaurant on February 23, 2012. Plaintiff contended that while walking back to her table from the buffet food bar, she tripped and fell over a walk off mat. A surveillance video showed that plaintiff's foot got caught under the edge of a mat, and flipped over the mat as she fell. She was wearing flip-flops. Vasquez was taken to the hospital by ambulance. She claimed injuries to her shoulder, back, neck, hip and knee as a result of the fall. She sued defendants for creating a dangerous condition due to their failure to properly repair and maintain the mat. She dismissed all defendants except California Corral Inc.

DEFENDANT'S CONTENTIONS:
California Corral argued that the runner was open and obvious, and therefore, did not pose a tripping hazard to those exercising ordinary care.

Damages

Vasquez sought past medicals per Howell in the amount of $20,000, total future medicals were approximately $200,000, loss of earnings and earning capacity based on 14 years was $162,720, and past general damages in the amount of $35,000, and $120,000 to $361,000 for general damages, depending on which procedures they deemed necessary and life expectancy.

Injuries

Vazquez's claimed injuries included strains, sprains, and a knee injury. Plaintiff also claimed injury to her back, which required and was recommended surgical intervention, but due to medical complications with diabetes and her health, no surgical intervention took place before trial. Following the incident she was declared totally disabled by social security for her injuries. She did admit that she had prior back problems, but the incident aggravated the pre-existing condition to a point where she was no longer able to work.

Result

The jury found the restaurant was not negligent and returned a verdict for California Corral.

Other Information

According to plaintiff, the case was given to the jury at approximately 11:00 a.m. on Christmas Eve. FILING DATE: Aug. 29, 2013.

Deliberation

1.5 hours

Length

five days