Wet floor at movie theater causes slip and fall. $1.8M. Los Angeles County.

Summary

Retiree slips on wet floor in movie theatre on rainy day in 2016. Plaintiff beats CCP 998.

The Case

  • Case Name: Robert Carmack v. American Multi-Cinema, Inc.
  • Court and Case Number: Los Angeles Superior Court / BC721028
  • Date of Verdict or Judgment: Wednesday, April 13, 2022
  • Date Action was Filed: Tuesday, September 11, 2018
  • Type of Action: Premises Liability, Slip and Fall
  • Judge or Arbitrator(s): Hon. Michele Flurer
  • Plaintiffs:
    Robert Carmack, 62, retired.
  • Defendants:
    American Multi-Cinema, Inc.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,810,000
  • Net Verdict or Award: $1,357,500
  • Contributory/Comparative Negligence: 75% AMC; 25% Mr. Carmack
  • Economic Damages:

    Future medical expenses: $385,000 

  • Non-Economic Damages:

    Past: $550,000

    Future: $875,000 

  • Trial or Arbitration Time: 7 days
  • Jury Deliberation Time: 7 hours
  • Jury Polls: 9-3

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Brian Breiter, LLP by Chance J. Pardon, Timothy R. McCormick and Sung "Sean" Kim, Los Angeles.

  • Attorney for the Defendant:

    Manning & Kass, Ellrod, Ramirez, Trester LLP by Brian Moss, Vista.

    Orion Construction by Sean Dowsing, Vista.

The Experts

  • Plaintiff’s Medical Experts:
    Andrew Fox, M.D.
    Matthew Enna, M.D.
  • Plaintiff’s Medical Expert(s):

    Andrew Fox, M.D. (neurosurgery), Matthew Enna, M.D. (orthopedic surgery

  • Defendant's Medical Expert(s):

    Jerome Stenehjem, M.D., life expectancy and reasonable value of future medical expenses.

    Mark J. Spoonamore, M.D., orthopedic spine surgery.

  • Plaintiff's Technical Expert(s):

    Mark Burns, premises liability standard of care.

    Rami Hashish, Ph.D. DPT, biomechanics.

  • Defendant's Technical Expert(s):

    Kenneth Solomon, Ph.D., premises liability standard of care, human factors, biomechanics.

     

Facts and Background

  • Facts and Background:

    Robert Carmack went to his local AMC theater with his wife for a weekend date at the matinee on October 30, 2016. It had been raining earlier and when they arrived. AMC directed customers to enter the theater to purchase tickets through a path delineated by stanchions. The path chosen by AMC was over a slippery terrazzo floor. AMC placed two mats on the floor, with a gap in between. When plaintiff stepped off the first mat he slipped and fell, sustaining neck, shoulder, and back injuries.

  • Plaintiff's Contentions:

    That defendant theater's negligent actions in dealing with a wet floor caused him to slip and incur injury.

  • Defendant's Contentions:

    That plaintiff tripped instead of slipping; they were not negligent because one mat was enough; plaintiff did not suffer significant injuries in the fall; all of plaintiff's surgeries were caused by pre-existing conditions.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff suffered a nerve injury at C5-6-7 that required a two-level fusion, a partial rotator cuff tear that developed to a full tear requiring arthroscopic surgery, and a temporary exacerbation of pre-existing back issues.

Demands and Offers

  • Plaintiff §998 Demand: 849,000
  • Plaintiff Final Demand before Trial: 450,000
  • Defendant Final Offer before Trial: 50,000

Additional Notes

Plaintiff served a 998 in January 2022 for $849,000, made an offer of $450,000 before trial, and offered a high-low during trial of $1,500,000-$200,000. AMC's highest offer was $50,000 before trial.

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.

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