Work
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Claims arising from
injuries sustained as a result of work related injuries
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SUMMARY: Premises Liability - restaurant -
Restaurant patron slips on wet air freshener sprayed under the door while
she's in restroom; Female, 18, ruptured disks at L4-5 and L5-S1
COUNTY: Riverside
STATE: CA
CASE: Kimberly
Nichols v. CEO Foods, Inc. dba Jack-in-the-Box
RESULT: $1,116,000
DEMAND: $300,000 per CCP Section 998 in 1/93;
Pltf's attorney asked the jury for $370,000 in non-economic damages, and
$570,000 in general damages.
OFFER: None
FACTS:
On July 5, 1991 Pltf, an 18-year-old telemarketer, went with her
husband to Deft Jack-in-the-Box (JIB) restaurant in Indio.
Pltf went into the ladies' restroom, which could accommodate only
one person at a time. Two JIB
employees who were standing outside the restroom door stated in loud
voices, "It sure stinks out here.
Get the spray." While
Pltf stood at the sink next to the door, one employee sprayed Wizard air
freshener under the gap of the door and onto the restroom floor.
PLTF:
That Pltf felt the wetness on her foot, looked down and saw foam
(substantiated by video-taped testing shown to the jury) coming out from
under the door; that as she took a step
back, turned, and reached for the doorknob, Pltf slipped on the
residue/mist from the spray; that Pltf landed on her buttocks; that Deft
employees created a dangerous condition; that the incident caused Pltf
humiliation, embarrassment, and physical injuries.
Pltf also contended that prior to this incident she had no back
complaints.
INJURY: Ruptured L4-5 and
L5-S1 disks accompanied by retrolisthesis of L4 over L5, requiring future
diskectomy, fusion, and internal fixation.
DEFT: Contended that the
spraying of air freshener under the door would not create a dangerous
condition; that Pltf did not step into the foam; that no "invisible
mist" could extend beyond the foam.
Deft further contended that the fall did not occur; that after the
spraying incident Pltf complained about the offensive behavior of the
employees but did not say that she had fallen (disputed); that she never
filled out an accident report; that the fall actually occurred at home a
few days later but that Pltf failed to tell the doctor she saw five days
after that fall that she had also fallen at JIB.
Deft also contended that all of Pltf's injury complaints were
exaggerated, fabricated, and/or caused by degenerative changes, not by
trauma; that while the MRI confirmed a ruptured disk, there was no nerve
root encroachment; that the x-rays confirmed no retrolisthesis; that there
is no need for surgery; that Pltf had only a lumbar strain which should
have resolved itself within a few months.
SPECIALS:
$369,689: $14,000 past
medical; $95,000 future medical; $71,169 past L.E.; $189,517 future L.E.
VERDICT:
$1.116 million: $930,000
verdict ($370,000 economic damages, $560,000 non-economic), plus $186,000
in pre-judgment interest. Deft's
motion for a new trial on the grounds of excessive damages was denied on
4/14/95, subject to Pltf agreeing to a remittitur of $573,517.
The total judgment after remititur, including prejudgment interest
and costs, was $725,392. An
appeal has been filed.
JURY POLL: 11-1
DATE:
2/02/95 TRIAL
TIME: 9 days JURY OUT:
2 hours
JUDGE: N/A
COURT: Riverside
Cty Superior Court, Palm Springs
PLTFS: N/A
DEFTS: N/A
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