Trial Magazine

Richard Liska, a 51-year-old service technician, was servicing a soft drink machine at the Don Pedro Restaurant in Schereville, Ind., when he slipped on a greasy substance on the tile floor. Liska, who landed on his left shoulder, did not believe he was injured, so he did not report the incident, which was unwitnessed.

The next day, Liska developed pain in his shoulder and went to a hospital emergency room, where staff diagnosed a torn left rotator cuff. He underwent repair surgery about a month later but required a second, corrective surgery about a year after that.

He continues to suffer pain and a ­limited range of motion in his shoulder, and restrictions prevent him from returning to his job. He attempted, without success, to learn computer skills and has worked on and off since the incident.

His past medical expenses of about $80,000 were paid by workers’ compensation. He did not claim future medical expenses or future lost earnings.

Liska sued Don Pedro, alleging that the greasy substance on the floor constituted a hazard and that the restaurant was negligent in failing to clean it or warn of its presence and barricade the area.

Suit also alleged that the restaurant lacked adequate policies and procedures for training employees to inspect and clean the premises and warn patrons of hazards. The plaintiff contended that cooking oil or grease had seeped onto the floor from a nearby storage area.

The restaurant disputed liability, arguing that cooking oil and grease were not stored near where the incident occurred. The restaurant argued that the plaintiff was negligent for failing to watch where he was walking.

The defendant argued that the plaintiff’s injuries were due to a preexisting condition, noting that he previously had surgery on his left shoulder. The defendant further argued that the plaintiff had injured himself in between the surgery he had a month after his fall and the corrective surgery he had a year later and that it was the intervening trauma—not the injury from the fall—that necessitated the second, corrective surgery.

The jury allocated fault at 70 percent to the restaurant and 30 percent to the plaintiff. It awarded $2 million. After reduction for fault, the verdict totaled $1.4 million.

Citation: Liska v. Menchaca, Ltd., No. 45D10-1311-CT-00223 (Ind. Cir. Ct. Lake Cnty. Aug. 24, 2016).

Plaintiff counsel: AAJ member Robert A. Montgomery, Munster, Ind.; and AAJ members Robert A. Clifford and David Resis, both of Chicago.