Facts

Joe Borowski sued The Ritz-Carlton Hotel Co., Landcorp Management Services LLC, Joas Services LLC, and Jasmine Torres, in connection with a slip and fall incident that allegedly occurred on May 24, 2014.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that, after being outside watching a meteor shower, he slipped and fell as he entered the hotel lobby. Plaintiff alleged that the lobby had been recently mopped and was wet at the time the incident occurred. Plaintiff sustained injuries and sued the hotel as well as the night janitorial services and housekeeping company responsible for cleaning the floor that night.

DEFENDANTS' CONTENTIONS: Defendants contended that there was a "wet floor" sign near where plaintiff slipped. Defendants also argued that this was not plaintiff's first slip and fall. Further, that plaintiff has had six prior knee surgeries from prior slip and fall incidents as well as a motorcycle accident. Defendants also contended that plaintiff had been drinking just prior to the incident. Overall, defendants denied liability.

Settlement Discussions

Borowski made a CCP 998 demand of $300,000.

Damages

Borowski sought $83,553 in past medical expenses as well as unspecified amount in future medical expenses for a back surgery. According to defense, plaintiff requested $2 million from the jury.

Injuries

Borowski suffered from neck and back injuries. He also aggravated a pre-existing knee issue. He underwent chiropractic and physical therapy, and later underwent a total knee replacement.

Result

The jury found the hotel largely liable for the fall and attributed 1 percent at fault to Borowski. The jury awarded Borowski $234,124 in damages, which included $83,553 in past medical expenses, $25,000 in future medical expenses, and $100,000 in noneconomic damages.

Length

eight days