Facts

Jodi Cook sued JZ Restaurants LLC, Zachary Scott, and Crete Werx East Bay LLC, based on a slip and fall accident.

Crete Werx was later removed from the case.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that on Dec. 18, 2010, she slipped and fell in the women's restroom, which was in the back area of the restaurant next to the kitchen and bar area. JZ Restaurants was the operator of the restaurant.

Plaintiff asserted there was water and debris near the women's restroom that was tracked into the restroom. The floor area of the restaurant had recently been redone including the area just outside the women's restroom. According to plaintiff, defendant Scott, the co-owner of the restaurant, admitted that in the 9 months before the accident he had knowledge of/received 15 complaints of women in high heels slipping in the restaurant area, including the area outside the women's restroom. Testimony presented by plaintiff included a former manager, who had recently been terminated, that testified there were problems not only with the restaurant floor, but also the floor area just outside the women's restroom. He alleged the water from the bar and kitchen pooled there and there was debris also coming into the restroom from that area. Plaintiff claimed rubber mats had been placed on the floor leading to the restroom because it was so wet in the area outside the restroom. Scott's wife worked in the restaurant and testified that she slipped on the restaurant floor a number of times. Another witness testified that 3 months before plaintiff's fall, she had slipped and fallen in the restroom, which she also claimed had an oily, greasy substance on the restroom floor.

Cook argued that the restaurant had failed to properly maintain the area, causing her to fall. She claimed that when she fell, there was an oily substance on the floor, and other things indicating that it was wet. She further pointed out that the restaurant was aware of the safety hazards, because of previous incidents where women had fallen in the area. As a result of water pooling from the kitchen area and the restroom, the area right outside the restroom was particularly dangerous.

DEFENDANT'S CONTENTIONS:
Defendants argued that immediately after the accident, the manager found that nothing was wrong with the area. They argued that Cook had fallen by herself, and that her shoes lacked slip resistance. Defendants denied any prior incidents in the restroom and denied that there was water pooling from the kitchen area.

Defendants also argued that the accident was not the cause of Cook's shoulder injuries.

Settlement Discussions

Cook demanded $250,000 to settle. Defendants offered $65,000 via CCP 998 prior to the trial. The offer was increased to $200,000 towards the end of plaintiff's case. Plaintiff refused the offer.

Damages

Cook requested $67,000 for her medical bills and $85,000 for her lost wages.

Injuries

Cook's injuries involved an aggravation of a prior right scapula/shoulder injury in Nov. 2008, which was almost resolved prior to this slip and fall. She has a winged scapula that is the sticking out of the shoulder blade. In addition she sustained a left wrist injury that required surgery, as did the right shoulder/scapula. In Nov. 2012, plaintiff had the bursa removed in the right scapula area and had a rotator cuff repair in the right shoulder. There was improvement with the left wrist that was operated on, in April 2012 to remove adhesions and scar tissue caused from the trauma of the fall. The right shoulder symptoms were not relieved by the surgery. Plaintiff has continuous pain in the right shoulder, upper arm area and in the chest area below the right shoulder, which prevents her from working.

Result

The jury ruled in favor of defendants.

Other Information

Defendants' have filed a cost memo, which plaintiff has objected to. Plaintiff is considering an appeal.