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
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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