Facts

Plaintiff Landon Asmad Strattan slipped and fell on a freshly mopped wet floor in McDonald's.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that McDonald's franchise employees were negligent for violating the McDonald's Safe Practices Manual with respect to the placement (or lack thereof) of the safety warning cones while the floor was being mopped. The manual contains a pictorial instruction that the safety cones are to be placed in a 10' perimeter and that the mopping should be done in a figure 8 pattern. Neither of these guidelines were followed. However, the biggest problem was the accident video itself which played to the jury showed that there was no safety cone at all in the specific location of the incident.

DEFENDANT'S CONTENTIONS: Defense argued that the warning cones had been placed in a "line of sight" fashion to give the customers a visual warning that the floors were being mopped. Plaintiff was physically impaired with an arthritic knee requiring him to walk with a cane. Defense claimed that he was not paying attention to even notice any of the cones prior to the accident.

Settlement Discussions

Case did not settle at mediation. Plaintiff served a CCP 998 for $900,000 which was withdrawn within 4 days. Defense served a CCP 998 for $450,001 which was operable at the time of the verdict.

Specials in Evidence

Meds: $88,000. Plaintiff's life care plan was in excess of $450,000. Future Meds: Plaintiff's life care plan was in excess of $450,000.

Injuries

Plaintiff dislocated his shoulder with torn rotator cuff and torn knee ligaments. He also claimed head trauma. Plaintiff claimed that his injuries prevented him from driving so that he lost his license; could no longer practice law so he lost his law license and could no longer live independently so he was admitted into an assisted living facility.

Result

The jury awarded plaintiff $468,478.

Deliberation

1.5 days

Poll

10-2

Length

two weeks