Slip-and-fall in Fresno Applebee's. $821K. Fresno County.

Summary

Plaintiff slips on wet floor on the way to the restroom. Notice of dangerous condition and extent of injury contested.

Gross Verdict or Award: $821,989.68
Contributory/Comparative Negligence: Yes. Jury answered "no" to substantial factor.
Economic Damages:
Past medical specials: $81,379.24

Past lost wages: $5,610.44
Non-Economic Damages:
Past: $355,000

Future: $380,000
Trial or Arbitration Time: 6 days
Jury Deliberation Time: 5 hours over 2 days.
Jury Polls: 12-0, on all issues and all items and amounts of damages.
Post Trial Motions & Post-Verdict Settlements: Defense has filed motion(s) for new trial.

Attorney for the Plaintiff:
Bonakdar Law Firm by Roger Bonakdar and Marc Stamper, Fresno.
Attorney for the Defendant:
Skane Mills, LLP by Diana Rivera, Los Angeles.

Apple American Group LLC by Kelly Stephan, San Francisco.

Plaintiff's Medical Expert(s):
Reza Shakeri, D.C., chiropractic.

Ali Najafi, M.D., neurosurgery.
Defendant's Medical Expert(s):
Paul E. Kaloostian, M.D., neurosurgery.

Facts and Background:
On December 2, 2018, plaintiff was a patron at one of defendant Applebee's Fresno locations, having a meal with a coworker. She got up from her seat to use the restroom. To get to the restroom, she crossed the area between the bar and galley (kitchen) entrance, where she slipped and fell.
Plaintiff's Contentions:
That the floor between the bar and galley, where plaintiff walked to get to the restroom had fluid and debris on its surface.

That defendant's negligence resulted in a dangerous condition, causing plaintiff to slip and become injured.
Defendant's Contentions:
Defendant denied actual or constructive notice of a dangerous condition.

Defendant maintained that nearly all of plaintiff's treatment was not medically necessary: that plaintiff only suffered minor sprains and strains, and that she substantially overtreated. Specifically, defendant argued plaintiff needed not more than 12 weeks of chiropractic treatment, and that all of plaintiff's treatment associated with the neurosurgeon was neither necessary nor reasonable.

Physical Injuries claimed by Plaintiff:
Plaintiff suffered hand, neck, and low-back injuries as a result of the fall. The hand and neck injuries resolved, but plaintiff continued to have significant complaints about back pain. As a result, she needed chiropractic care, spanning 8 months. She underwent an MRI, which revealed a disc bulge in her low back.

Plaintiff was recommended to undergo facet injections and an epidural procedure, which she underwent several months later. Plaintiff's pain returned, and she underwent a nerve block procedure and then a final radio frequency ablation. Plaintiff treated, in total for approximately three years and four months, with significant recovery and reduction of pain. Plaintiff continues to have residual pain and limitations, but had not seen a doctor for her issues since 2022.

Plaintiff has filed a memorandum of costs seeking $173,069.25 in recoverable costs and prejudgment interest.

Insurer: ACE American Insurance Company