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Personal Injury
Premises Liability
Slip and Fall

Darlene Lape v. Cinemark USA, Inc.

Published: Feb. 14, 2020 | Result Date: May 29, 2019 | Filing Date: Jan. 11, 2018 |

Case number: S-CV-0040620 Verdict –  Defense

Judge

Michael W. Jones

Court

Placer County Superior Court


Attorneys

Plaintiff

Erik E. Child
(Child & Jackson APLC)


Defendant

Lauren A. Pagan
(Wolfe & Wyman)

Christopher E. Brumfiel
(Wolfe & Wyman)


Facts

Plaintiff Darlene Lape, 58 years old, allegedly slipped and fell on water within a bathroom stall at defendant Cinemark USA Inc.'s movie theatre in Roseville.

Contentions

PLAINTIFF'S CONTENTIONS: Lape contended that defendant was negligent under the theory of premises liability for failing to inspect its bathroom to ensure there was no water on the floor. Lape contended that defendant's negligence caused her to suffer a spinal fracture which necessitated surgery.

DEFENDANT'S CONTENTIONS: Defendant Cinemark denied liability and asserted that Lape's surgery was necessitated due to pseudarthrosis stemming from plaintiff's previous spinal surgery.

Damages

Plaintiff sought $1 million-$3 million in damages.

Injuries

Plaintiff claimed she suffered a spinal fracture.

Result

The jury found in favor of the defense on the issue of liability.

Deliberation

90 minutes

Poll

10-2

Length

six days


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