Vol. 56 No. 3

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to properly maintain restaurant

March 2020

After leaving the restroom at the Hibachi Buffet, Jorge Perez, 43, slipped and fell on a trail of liquid in the restaurant’s hallway. He suffered a fractured left patella, requiring open reduction and internal fixation surgery. Despite physical therapy, he was subsequently diagnosed as having a torn meniscus, which necessitated additional surgery. His medical expenses totaled $150,000, and he will require a future knee replacement.

Perez sued the restaurant, alleging negligent maintenance of its premises. He argued that one of the defendant’s employees had left the trail of liquid on the floor, causing it to become slippery. Suit did not claim lost income.

The jury awarded $850,000.

Citation: Perez v. Hibachi Buffet, No. BC659957 (Cal. Super. Ct. Los Angeles Cty. Oct. 7, 2019).

Plaintiff counsel: AAJ members Daniel K. Kramer and Teresa A. Johnson, both of Los Angeles.

Plaintiff experts: Brad Avrit, safety, Marina del Rey, Calif.; and Rajan Patel, orthopedic surgery, Los Angeles.

Defense expert: Kevin Ehrhart, orthopedic surgery, Los Angeles.