Jorge Perez v. Hibachi Buffet
Published: Mar. 13, 2020 | Result Date: Oct. 7, 2019 | Filing Date: May 2, 2017 |Case number: BC659957 Verdict – $850,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Teresa A. Johnson
(Kramer Trial Lawyers APC)
Daniel K. Kramer
(Kramer Trial Lawyers APC)
Defendant
Frank T. Sabaitis
(Sabaitis, Lunsford & Moore)
Facts
On Jan. 7, 2017, plaintiff Jorge Perez, a 43-year-old warehouse supervisor, was at Hibachi Buffet for lunch with his coworkers. Hibachi Buffet is an Asian-style restaurant located in Inglewood. Plaintiff went to the restroom, which was located down a hallway that also led to the kitchen. After washing his hands, plaintiff exited the restroom and was walking back through the hallway towards the dining room when he slipped on a trail of liquid and fell down onto his left knee, shattering his kneecap into multiple pieces.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended he slipped on a trail of liquid created by defendant's employees who used the hallway to reach the kitchen, and that he could not have avoided the liquid as it blended into the tile floors. Plaintiff contended that the tiles were slippery when wet and created a dangerous condition. Plaintiff contended that his knee fractured into multiple pieces upon impact with the ground, and that he has ongoing pain and arthritis, and will need future treatment, including a knee replacement surgery, due to the fall.
DEFENDANT'S CONTENTIONS: Defendant disputed liability, claiming that plaintiff could not conclusively establish the source of the liquid trail on the ground, and argued that it was more likely the liquid came from a customer walking down the hallway than an employee. Defendant also disputed the amounts of plaintiff's medical bills and the need for any future treatment.
Settlement Discussions
Plaintiff made a CCP 998 demand for $499,999.99. Defendant made a CCP 998 demand for $250,001.
Specials in Evidence
Meds: $150,500 Future Meds: $75,000 to $125,000 estimated costs for a knee replacement, therapy etc.
Injuries
Plaintiff suffered severe and permanent injuries to his left knee, requiring two surgeries (ORIF and meniscectomy). Plaintiff claimed his pain did not subside, and although plaintiff eventually went back to work as a warehouse supervisor, he continues to feel pain. Plaintiff's treating physician testified that plaintiff has arthritis that will only get worse, and will need a future knee replacement surgery.
Result
The jury found in favor of plaintiff and awarded him $850,000.
Deliberation
one hour
Poll
12-0 (negligence)
Length
eight days
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