Heat lamp falls on plaintiff while she is dining. $2.9M. San Diego County.
Summary
Plaintiff claims mild TBI with ongoing symptoms.
The Case
- Case Name: Maughan v. Café Coyote
- Court and Case Number: San Diego Superior Court / 37-2022-00000425-CU-PO-CTL
- Date of Verdict or Judgment: Friday, March 21, 2025
- Type of Case: Negligence
- Judge or Arbitrator(s): Hon. Michael Smyth
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Plaintiffs: Buffi Maughan
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Defendants: Trophy Properties, Inc. dba Café Coyote
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $2,950,000
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Economic Damages:
Future medical expenses: $950,000
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Non-Economic Damages:
Past: $1,000,000
Future: $1,000,000
- Trial or Arbitration Time: 10 days
- Jury Deliberation Time: Approximately 6 hours
The Attorneys
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Attorney for the Plaintiff:
Kramer Trial Lawyers A.P.C. by Dan Kramer and Teresa Johnson, Los Angeles.
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Attorney for the Defendant:
Tyson & Mendes by Christopher Schon and Anthony Puzo, La Jolla.
The Experts
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Plaintiff's Medical Expert(s):
Michael Lobatz, M.D., neurology.
Travis Snyder, DO, neuroradiology.
Benjamin Frishberg, M.D., neuro-ophthalmology.
Scott Matthews, M.D., neuropsychiatry.
Jan Roughan, life care planning.
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Defendant's Medical Expert(s):
Vernon Williams, M.D., neurology.
Jay Tsuruda M.D., neuroradiology.
Alfredo Sadun, M.D., neuro-ophthalmology.
Dominick Addario, M.D., neuropsychiatry.
Dean Delis, Ph.D., neuropsychology.
Mary Jesko, life care planning.
Raymond Vance M.D., orthopedics.
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Plaintiff's Technical Expert(s):
Brad Avrit, PE, accident reconstruction.
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Defendant's Technical Expert(s):
Mark Gomez, biomechanics.
Nick Gomez, accident reconstruction.
Facts and Background
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Facts and Background:
On May 30, 2021, 50-year-old plaintiff was visiting San Diego with her family from Colorado. They were at Café Coyote in Old Town, San Diego for lunch, sitting at a table on an outdoor patio. A heat lamp placed near the table fell over onto plaintiff’s head and shoulder. The cause of the heat lamp tipping was never determined, and the restaurant did not maintain any video footage of the incident.
Plaintiff remained at the restaurant with her family following the incident to finish their meal, before going to an urgent care facility, where she was diagnosed with a head contusion. The family returned to the restaurant the next night for dinner.
After flying home to Colorado, plaintiff was diagnosed with post-concussive disorder and treated for her symptoms with chiropractors, optometrists, and therapists. plaintiff’s symptoms continue to this day.
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Plaintiff's Contentions:
That the restaurant was negligent for placing the heat lamp on the unstable and uneven sidewalk. Plaintiff claimed that as a result of the incident, she suffered a mild traumatic brain injury/concussion.
Plaintiff’s treating providers agreed she had a traumatic brain injury as a result of the incident.
Plaintiff waived past economic damages, and only asked the jury to award for future medical expenses and past and future non-economic damages. Plaintiff called several witnesses, including treating physicians, family, and friends via video deposition testimony at trial.
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Defendant's Contentions:
Defendant admitted liability on the eve of trial but disputed the nature and extent of plaintiff’s damages. Defendant contended that plaintiff suffered a minor concussion that should have resolved within 3-6 months with no residual symptoms, and that any ongoing complaints were better explained by her pre-existing headaches, her age, her weight, and pre-existing anxiety.
Defendant argued that plaintiff had returned to the restaurant the day after the incident and continued to work a job at an airport as a gate agent, and was able to travel extensively across the United States and abroad.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
A mild traumatic brain injury/concussion with ongoing complaints, including vision changes, memory changes, and PTSD/depression.
Demands and Offers
- Defendant Final Offer before Trial: $500,000.
Additional Notes
At trial, defendant asked the jury to award $50,000.