Facts

On Dec. 26, 2006, plaintiff David Yan, 41, arrived at Lucky Fortune Seafood Restaurant to have dinner with his family. At the time of the incident, Yan was disabled and used crutches to ambulate. The entrance to Lucky Fortune was sloped and comprised of a tile surface. As Yan was standing on the tiled surface, attempting to open the front door, his rubberized crutch tip slipped backward on the tiled surface, causing him to lose his balance and fall.

Plaintiff alleged causes of action against the restaurant owners and building owners for general negligence, premises liability and violations of the Unruh Civil Rights Act and the California Disabled Persons Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted that the tiled surface was not a slip resistant surface as required by the California Building Code and ASTM standard and as recommended by the ADA bulletin; and that the slope of entryway was not in compliance with the California Building Code.

DEFENDANT'S CONTENTIONS:
Defendants contended that at the time of the incident, a rubberized mat was in place covering the tiles. They further contended that, as no other customers had fallen before, they lacked the requisite notice.

Additionally, defendants asserted that plaintiff slipped on the sidewalk in front of their restaurant, not on the tiled surface.

Finally, defendants contended that plaintiff's fall was caused by his own negligence as it was raining at the time and due to his disability, he should have waited for his family to help him open the door.

Specials in Evidence

$414,900 $25,048

Damages

As a result of his injuries, he was unable to work at his job as an IT specialist until April 27, 2007.

Injuries

As a result of the fall, Yan suffered an intertrochanteric fracture of his right femur. He was immediately taken by ambulance to St. Mary's Hospital. He remained in the hospital until Feb. 14, 2007. Yan underwent an open reduction and internal fixation on Jan. 15, 2007. After his discharge from the hospital, he continued physical therapy until July 12, 2007 at which time it was felt he had made a good recovery.

Result

The case settled for $1 million (policy limits).

Other Information

FILING DATE: Dec. 22, 2008.