McDonald's admits liability in slip and fall. $18M. Los Angeles County.

Summary

Defendant admitted liability, but disputed the nature and extent of the alleged injuries and damages.

The Case

Case Name: Jonathan Choto v. Dorothy D. Inc., et al.
Court and Case Number: Los Angeles Superior Court / 20STCV12764
Date of Verdict or Judgment: Thursday, November 17, 2022
Date Action was Filed: Wednesday, April 01, 2020
Type of Action: Highlighted Verdicts, Slip and Fall
Judge or Arbitrator(s): Hon. Rafael Ongkeko
Plaintiffs:
Jonathan Choto, 32
Defendants:
Dorothy D. Inc. dba McDonald’s
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $18,794,132.14
Net Verdict or Award: $18,794,132.14
Contributory/Comparative Negligence: None.
Economic Damages:
Past medical: $365,962.59
Future medical: $654,269.55
Non-Economic Damages:
Past: $1,773,900
Future: $16,000,000
Trial or Arbitration Time: Jury selection: 2 days; Trial: 3 1/2 days
Jury Deliberation Time: 3 hours

The Attorneys

Attorney for the Plaintiff:
Savin Bursk Law by Brian J. Kim and Maureen Hennessey, Encino.
Attorney for the Defendant:
Mavredakis Phillips Cranert by Erin Chang, Pasadena.

The Experts

Plaintiff’s Medical Expert(s):
Lawrence Miller, M.D., pain management, Los Angeles.
Stepan Kasimian, M.D., spine surgery, Los Angeles.
Defendant's Medical Expert(s):
Tony Feuerman, M.D., neurosurgery, Los Angeles.

Facts and Background

Facts and Background:
On May 1, 2018, plaintiff, male age 32, was a patron at a McDonald’s restaurant in Lomita, owned/operated by Defendant Dorothy D. Inc. While inside the restaurant, plaintiff slipped and fell on liquid that was left on the floor by a McDonald’s crew member. At trial, defendant Dorothy D. Inc. admitted that it was 100 percent responsible for the incident, but disputed the nature and extent of the alleged injuries and damages claimed by plaintiff.
Plaintiff's Contentions:
Plaintiff was unusually susceptible to a lumbar spine injury, due to his history of a prior work injury and two prior lumbar spine microdecompression surgeries. Plaintiff’s second spine surgery occurred 16 months prior to the subject incident. As a result of the subject incident, plaintiff suffered an aggravation injury to his lumbar spine, requiring a revision microdecompression surgery and a spinal cord stimulator.
Defendant's Contentions:
Plaintiff suffered a low back sprain-strain injury in the incident, which resolved within two to three months of the incident. All other low-back complaints thereafter were due to plaintiff’s pre-existing condition and history of prior low-back injury and two prior spine surgeries.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Permanent injury to the lumbar spine, requiring a revision microdecompression surgery and subsequent placement of a spinal cord stimulator.

Special Damages

Special Damages Claimed - Past Medical: $365,962.59
Special Damages Claimed - Future Medical: $654,269.55

Demands and Offers

Plaintiff §998 Demand: $2,000,000 (4 months before trial)
Defendant §998 Offer: $2,000,000 (11 days before trial)

Print this Verdict

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.