Retiree slips on wet floor in movie theatre on rainy day in 2016. Plaintiff beats CCP 998.
- Case Name: Robert Carmack v. American Multi-Cinema, Inc.
- Court and Case Number: Los Angeles Superior Court / BC721028
- Date of Verdict or Judgment: Wednesday, April 13, 2022
- Date Action was Filed: Tuesday, September 11, 2018
- Type of Case: Premises Liability, Slip and Fall
- Judge or Arbitrator(s): Hon. Michele Flurer
Plaintiffs: Robert Carmack, 62, retired.
Defendants: American Multi-Cinema, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,810,000
- Net Verdict or Award: $1,357,500
- Contributory/Comparative Negligence: 75% AMC; 25% Mr. Carmack
Future medical expenses: $385,000
- Trial or Arbitration Time: 7 days
- Jury Deliberation Time: 7 hours
- Jury Polls: 9-3
Attorney for the Plaintiff:
Law Offices of Brian Breiter, LLP by Chance J. Pardon, Timothy R. McCormick and Sung "Sean" Kim, Los Angeles.
Attorney for the Defendant:
Manning & Kass, Ellrod, Ramirez, Trester LLP by Brian Moss, Vista.
Orion Construction by Sean Dowsing, Vista.
Plaintiff’s Medical Experts: Andrew Fox, M.D.Matthew Enna, M.D.
Plaintiff’s Medical Expert(s):
Andrew Fox, M.D. (neurosurgery), Matthew Enna, M.D. (orthopedic surgery
Defendant's Medical Expert(s):
Jerome Stenehjem, M.D., life expectancy and reasonable value of future medical expenses.
Mark J. Spoonamore, M.D., orthopedic spine surgery.
Plaintiff's Technical Expert(s):
Mark Burns, premises liability standard of care.
Rami Hashish, Ph.D. DPT, biomechanics.
Defendant's Technical Expert(s):
Kenneth Solomon, Ph.D., premises liability standard of care, human factors, biomechanics.
Facts and Background
Facts and Background:
Robert Carmack went to his local AMC theater with his wife for a weekend date at the matinee on October 30, 2016. It had been raining earlier and when they arrived. AMC directed customers to enter the theater to purchase tickets through a path delineated by stanchions. The path chosen by AMC was over a slippery terrazzo floor. AMC placed two mats on the floor, with a gap in between. When plaintiff stepped off the first mat he slipped and fell, sustaining neck, shoulder, and back injuries.
That defendant theater's negligent actions in dealing with a wet floor caused him to slip and incur injury.
That plaintiff tripped instead of slipping; they were not negligent because one mat was enough; plaintiff did not suffer significant injuries in the fall; all of plaintiff's surgeries were caused by pre-existing conditions.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Plaintiff suffered a nerve injury at C5-6-7 that required a two-level fusion, a partial rotator cuff tear that developed to a full tear requiring arthroscopic surgery, and a temporary exacerbation of pre-existing back issues.
Demands and Offers
- Plaintiff §998 Demand: 849,000
- Plaintiff Final Demand before Trial: 450,000
- Defendant Final Offer before Trial: 50,000