Vol. 56 No. 6

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to maintain cinema floor lighting

June 2020

Mary Hozey, 75, went to a movie theater in a Philadelphia suburb. While she was walking to her seat in the darkened theater, she missed a step and fell. She fractured her left hip, necessitating five surgeries. She now walks with a limp, and her injuries have affected most aspects of her daily life.

Hozey sued American Multi-Cinema, the theater owner, alleging she did not see the step because the lights in the step were not functioning properly. The plaintiff claimed that the defendant knew or should have known of the dangerous condition because another patron fell on the same step two days before she did. The parties stipulated to medical expenses of approximately $79,900.

The jury awarded $3.14 million. Posttrial motions are pending.

Citation: Hozey v. Am. Multi-Cinema Inc., No. 2017-08-001401 (Pa. Ct. Com. Pl. Phila. Cty. Jan. 31, 2020).

Plaintiff counsel: AAJ member Franklin R. Strokoff, Philadelphia.