Trial Magazine

Phyllis Barnett, 85, was shopping at Westfield Culver City. She entered the mall from the parking garage and walked up a geometrically carpeted ramp with just one handrail along the opposite wall. As she did so, Barnett tripped and fell on a bump that was concealed by the carpet. She required emergency hip replacement surgery. Although she had lived independently before the fall and had no cognitive difficulties, the surgery triggered dementia, necessitating 24-hour care.

Barnett sued the mall’s owners and operators, alleging failure to maintain the shopping center’s floors, failure to inspect the ramp and warn patrons of the danger posed by its bumpy surface, and failure to provide a handrail for patrons walking up from the parking garage.

The jury awarded $3.1 million, including $700,000 for future medical expenses.

Citation: Barnett v. Westfield Grp., No. BC607280 (Cal. Super. Ct. Los Angeles Cnty. Mar. 10, 2017).

Plaintiff counsel: AAJ member Stefano Formica and Dave Shay, both of Beverly Hills, Calif.