Facts

On the evening of June 24, 2008, plaintiff Gharibian and her girlfriend went to a nightclub in Hollywood. After midnight, they left and headed to defendant Mel's Diner for a late night snack. Immediately after entering, Gharibian and her friend headed to the bathroom towards the back of the restaurant. As they both exited the bathroom and headed to the hostess desk, Gharibian slipped and fell as a result of what she believed to be some type of food substance.

PLAINTIFF'S CONTENTIONS:
Gharibian contended that Mel's Diner failed to adequately inspect and maintain the floors in a reasonable manner and that it had actual notice of a dangerous condition, which it had the ability to and failed to prevent.

DEFENDANT'S CONTENTIONS:
Mel's Diner employees claimed that they cleaned the area, inspected it after she fell and did not find any food on the floor. The defense contended that plaintiff fell because she was drunk, overweight and had weak knees.

Injuries

As a result of the accident, Gharibian sustained a mild bruise to her ankle and an increase in size of the 4 mm disc herniation to 8 mm. At the time of the accident, Gharibian had a significant history of lower back pain and knee problems. In 1999-2000, she underwent arthroscopic left knee surgery, and a left knee ACL reconstruction. On Dec. 26, 2002, Gharibian underwent a right L4-5 laminotomy-foraminotomy and microdiscectomy due to severe lower back pain. On Jan. 2, 2005, she was involved in a car accident where she experienced lower back pain with intermittent shooting pain down her left leg. On Feb. 15, 2005, Gharibian underwent a lumbar MRI, which showed a mild bulging disc at the L4-5. On March 28, 2005, she was evaluated by her treating neurosurgeon who determined that she had pain on physical examination. On May 20, 2008, she complained to her treating physician of continuous lower back pain who referred her for another lumbar MRI. On May 27, 2008, about a month before the accident, Gharibian underwent a lumbar MRI, which reveal a 4 mm central disc protrusion resulting in mild thecal sac stenosis.

Result

The case was mediated with Nikki Tolt, Esq., of First Resolution Services and was settled for $600,000.

Other Information

INSURER: Golden Eagle Insurance Company.