Wet floor in restaurant doorway blamed for slip and fall. $1.46M. San Bernardino County.
Man breaks knee and wrist in fall as he comes in from the rain.
- Case Name: Hernandez v. Jaden & Tiger, Inc., et al.
- Court and Case Number: San Bernardino Superior Court / CIVDS 1828199
- Date of Verdict or Judgment: Wednesday, June 30, 2021
- Date Action was Filed: Tuesday, October 30, 2018
- Type of Action: Premises Liability, Slip and Fall
- Judge or Arbitrator(s): Hon. John M Pacheco
- Plaintiffs: Mario Hernandez, 60, telecommunications administrator.Leticia Hernandez
- Defendants: Jaden & Tiger, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,460,000
- Contributory/Comparative Negligence: No contributory negligence was assigned by the jury.
- Economic Damages:
- Non-Economic Damages:
$1,150,000, including $60,000 for loss of consortium.
- Trial or Arbitration Time: 4 days
- Jury Deliberation Time: 2 1/2 hours
- Attorney for the Plaintiff:
AlderLaw by Michael C. Alder and Mansour Soltanmoradi, Los Angeles.
Citywide Law Group by Lisa Saperstein, Los Angeles.
Jammal Law Firm by Ahmed Jammal, Costa Mesa.
Law Offices of John P. Rosenberg by John Rosenberg, Woodland Hills.
- Attorney for the Defendant:
Keith L. Shoji & Associates by Christie O. Beard, Riverside.
- Plaintiff’s Medical Expert(s):
Arash Dini, M.D., orthopedic surgery.
- Defendant's Medical Expert(s):
Neeraj Gupta, M.D., orthopedic surgery.
Facts and Background
- Facts and Background:
On November 26, 2016 plaintiffs had finished eating at the BurgerIM in Montclair. While plaintiff Leticia was in the bathroom, it started to rain and plaintiff Mario, age 60, went to get his wife's jacket from the car. As Mario was coming back into the restaurant, he slipped and fell in the doorway, breaking his knee and wrist.
Restaurant's PMK admitted that the restaurant employees had forgotten to put the mat in the doorway, which was normally done to prevent incidents like this one from happening. Video surveillance showed an employee ducking behind a counter after witnessing the slip and fall, and pulling out a mat.
- Plaintiff's Contentions:
That defendant was negligent in not having a mat at the door; further, that plaintiff could not treat for four years due to his wife's health condition, which made her almost completely dependent on him.
- Defendant's Contentions:
That Mario Hernandez was contributorily negligent because he brought the water in from outside on his shoe.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Broken knee and wrist for Mario. His medical specials were approximately $15,000. He did no treatment for four years leading up to trial.
- Special Damages Claimed - Past Medical: Waived.
- Special Damages Claimed - Future Medical: About $400,000
- Special Damages Claimed - Past Lost Earnings: $0
- Special Damages Claimed - Future Lost Earnings: $0
Demands and Offers
- Plaintiff §998 Demand: From Mario: $600,000. From Leticia: $100,000.
- Defendant §998 Offer: $300,000 for Mario Hernandez and $50,000 for Leticia Hernandez.