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Personal Injury
Premises Liability
Slip and Fall

Ashley Demolay v. Irvine Spectrum Center, The Irvine Company, LLC, and Millard Mall Services Inc.

Published: Feb. 16, 2018 | Result Date: Aug. 2, 2017 |

Case number: 30-2015-00797635-CU-PO-CJC Verdict –  Defense

Judge

David T. McEachen

Court

Orange County Superior Court


Attorneys

Plaintiff

Sergio J. Puche
(Law Offices of Mauro Fiore Jr. APC)

Mauro Fiore Jr.
(Law Offices of Mauro Fiore Jr. APC)


Defendant

Seymour B. Everett III
(Everett Dorey LLP)

Samantha E. Dorey
(Everett Dorey LLP)


Facts

Ashley Demolay was at an outdoor shopping center in Orange County. Demolay was in a public restroom when she fell.

Contentions

PLAINTIFF'S CONTENTIONS: Demolay contended that the owners of the shopping center and the janitorial company created a dangerous condition and failed to properly maintain and inspect the bathroom. Demolay argued that the defendants were negligent, and that they did not warn that the floor in the restroom was wet or slippery.

DEFENDANTS' CONTENTIONS: The owners of the shopping center were removed from the case. The janitorial company argued there was a warning sign in the restroom, and that Demolay observed the floor being mopped when she entered the restroom.

Injuries

Demolay contended she suffered back injuries, causing fibromyalgia, due to her fall. Plaintiff also alleged past traumatic stress disorder.

Result

The court granted the owners request for nonsuit. The jury found the janitorial company was not negligent.


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