Facts

Javier Sastoque slipped and fell in a Jack in the Box restaurant in San Diego near an area being mopped by an employee. Sastoque sued the franchisee and four restaurant employees for his claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants negligently maintained the restaurant in a dangerous condition. Plaintiff also contended that as facilitators of a dangerous condition, defendant was required to warn plaintiff of the condition but failed to do so. Plaintiff also contended that defendants alternatively could have erected signage to warn plaintiff and other customers of the dangerous condition but failed to do so.

DEFENDANTS' CONTENTIONS: Defendants conceded liability but contended that plaintiff's claimed injuries were not caused by the fall at defendant's restaurant. Defendant further contended that not only were plaintiff's claims of back injuries were delayed until plaintiff's move to Florida, but they were also intensified by plaintiff's unnecessary spinal fusion procedure. Defendant also contended that given the timeline, plaintiff's claimed injuries were likely caused by physical activity while moving to Florida. Defendant further contended that plaintiff intentionally incurred expenses from multiple surgeries to inflate the claimed damages. Defendant also contended that plaintiff would not require further medical treatment for the claimed injuries.

Specials in Evidence

Plaintiff sought $551,125.97 in past medical expenses

Injuries

Javier Sastoque suffered a swollen shoulder and a torn right rotator cuff. Sastoque also sustained a protruding disc at the L4-5 and L5-S1 levels with radiculpathy. Sastoque underwent surgery for his injuries and underwent physical therapy and rehabilitation as a result. Eventually, epidural injections became necessary for pain management due to lumbar disc protrusions.

Result

The parties entered a $2 million settlement agreement.