Centurah Thomas Garcia, Mother and Guardian Ad Litem of Kiara Garcia v. Pescado Mojado
Published: Nov. 27, 1999 | Result Date: Jul. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: PC022220 – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Garry S. Malin
(Law Offices of Garry S. Malin)
Defendant
Experts
Plaintiff
Albert Roven
(medical)
Leon Gottlieb
(technical)
Facts
On Sept. 23, 1997, plaintiff Centurah Thomas-Garcia and her daughter, plaintiff Kiara Garcia, 14 months, visited the defendant restaurant, Pescado Mojado. The plaintiff ordered hot soup, among other things. The defendant's waitress, Lidia Rincon, brought the food to the table. Kiara picked up the hot soup bowl and spilled the soup on her chest and lap. The plaintiffs Centurah Thomas-Garcia and Kiara Garcia, through her mother as guardian ad litem, brought this action against Pescado Mojado, based on negligence, respondeat superior and emotional distress.
Settlement Discussions
The plaintiff made an initial settlement demand for $65,000 for Kiara and $17,525 for her mother, followed by a C.C.P. Section 998 settlement demand for $19,999 for Kiara and $4,999 for her mother. The defendant made a settlement offer of $6,500 for both plaintiffs combined.
Injuries
The plaintiff child claimed she suffred first-, second-and-third degree burns on her chin, chest and right thigh, resulting in hyperpigmentation of the skin in those areas. The plaintiff child presented to Olive View Medical Center three times in the week after the accident, followed by two visits to Dr. Roven for examination and treatment. The plaintiff mother claimed she suffered emotional distress.
Other Information
The verdict was reached approximately 11 months after the case was filed.
Deliberation
2+ hours
Poll
12-0 (liability)
Length
3+ days
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