David Rodriguez, Stacy Rodriguez v. Jack In The Box, Sood Enterprises Inc., Sudesh Sood, Usha Sood
Published: Nov. 9, 2004 | Result Date: May 5, 2004 | Filing Date: Jan. 1, 1900 |Case number: EC035613 Verdict – $39,500
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Nancy P. Doumanian
(Doumanian & Associates)
Experts
Plaintiff
Moosa Heikili
(medical)
Rod A. Blau
(medical)
Chadwick E. Smith
(medical)
Cesar Aristigueta
(medical)
Defendant
William W. Brien
(medical)
Martin D. Levine
(medical)
Facts
ACCORDING TO THE PLAINTIFF: On Nov. 19, 2001, plaintiff David Rodriguez was a patron at a Jack in the Box restaurant located at 6551 North Lankershim Boulevard in North Hollywood. This particular Jack in the Box was originally leased by Sudesh and Usha Sood, but later assigned to Sood Enterprises Inc. prior to the date of this accident. The landlord was at all times, Jack in the Box Inc. The plaintiff alleged that while dining in the defendant's restaurant, a ceiling lighting fixture came loose and struck him in the head. The plaintiff further alleged that he stood up, was dazed and confused and then fell to the ground, and allegedly twisting his knee in the process. The plaintiff claimed to have sustained a loss of consciousness in the incident. The plaintiff was transported via paramedic airlift to LAC-USC Medical Center for evaluation. The plaintiff was subsequently evaluated by physicians at Kaiser, Woodland Hills, as well as various other health care providers. The plaintiff underwent various neurological and orthopedic examinations. The plaintiff disclosed for the first time during trial, that he had an accident approximately one year after this accident in which he injured his knees, requiring hospital attention. The defendants disputed the manner in which the plaintiff's accident occurred and the nature and the extent of the injuries alleged by the plaintiffs.
Settlement Discussions
ACCORDING TO THE PLAINTIFF: The plaintiffs demands prior to trial were $450,000 which were reduced to $350,000 in a C.C.P. Section 998 offer. Prior to trial, the defendants served a C.C.P. Section 998 offer to compromise as to David Rodriguez in the amount of $10,001 and $100 C.C.P. Section 998 offer to compromise as to Stacy Rodriguez. ACCORDING TO THE DEFENDANT: The plaintiffs' counsel's informal settlement demands prior to trial were $2.5 million which was reduced to $450,000. Prior to trial, the plaintiffs served a C.C.P. Section 998 offer to compromise in the amount of $350,000. Prior to trial, the defendants served a C.C.P. Section 998 offer to compromise to both plaintiffs in the amount of $10,001.
Specials in Evidence
in excess of $50,000
Damages
The plaintiff, Stacy Rodriguez, made a claim for loss of consortium relating to changes in her marriage following and as a result of the incident.
Injuries
The plaintiff, David Rodriguez, 50, alleged to have sustained blunt head trauma in the incident which caused him to suffer headaches, speech impediments and difficulty with his memory following the accident. Certain radiographic studies, including an MRI taken post-accident, revealed atrophy of the plaintiff's brain. Following the accident, the plaintiff also underwent a knee arthroscopy which revealed mechanical injuries in the knee that he and his physician attributed to the accident. The plaintiff was also making a claim for lost earnings relating to his occupation in the sales and lending industry. The plaintiff claimed that he was unable to return to work for approximately one year following the accident. The plaintiff's medical expenses at the time of trial exceeded $70,000. The plaintiff's spouse, Stacy Rodriguez, alleged that she suffered a loss of consortium following the accident. She claimed she cared for her husband following the accident at a time when he suffered serious depression relating to his physical disability and consequent inability to return to work.
Result
ACCORDING TO THE PLAINTIFF: Just prior to trial, the defendant, Sudesh Sood and Usha Sood, produced a copy of the assignment and the court granted a nonsuit as to those individuals. As to the landlord and the defendant, Jack in the Box Inc., the jury found them negligent, but their negligence as the landlord was not a substantial factor leading to the injuries sustained by the plaintiff. The jury found that the defendant Sood Enterprises Inc. was liable to the plaintiff, David Rodriguez in the amount of $39,500 ($14,500 for medical specials and $25,000 for non-economic damages, pain and suffering). The jury found that Stacy Rodriguez did not sustain loss of consortium and found in favor of the defendant, Sood Enterprises Inc. on that issue. However, the court determined that the $100 offer to Stacy was an "invalid" token offer, and thus no expert fees were awarded to the defendant. ACCORDING TO THE DEFENDANT: The jury returned a defense verdict against both plaintiffs as to defendant Jack in the Box Inc., the francisor. The jury returned a defense verdict against the plaintiff Stacy Rodriguez as to all defendants. The court granted defendants' motion for nonsuit as to defendants Sudesh Sood and Usha Sood. The jury awarded plaintiff David Rodriguez the sum of $39,500 ($14,500 for medical specials and $25,000 for non-economic damages/pain and suffering) as against defendant Sood Enterprises Inc. only.
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