Wet floor in restaurant doorway blamed for slip and fall. $1.46M. San Bernardino County.

Summary

Man breaks knee and wrist in fall as he comes in from the rain.

The Case

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

The Result

Gross Verdict or Award: $1,460,000
Contributory/Comparative Negligence: No contributory negligence was assigned by the jury.
Economic Damages:
$250,000
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

The Attorneys

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.

The Experts

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

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.

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Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.