Complex Regional Pain Syndrome diagnosed after plaintiff suffers a hard fall in theatre. Verdict exceeds AMC theater's insurance coverage.
- Case Name: Regina Hampton v. American Multi-Cinema, Inc.
- Court and Case Number: San Diego Superior Court / 37-2020-00012463-CU-PO-CTL
- Date of Verdict or Judgment: Tuesday, August 30, 2022
- Date Action was Filed: Friday, March 06, 2020
- Type of Case: Slip and Fall
- Judge or Arbitrator(s): Hon. Joel R. Wohlfeil
Plaintiffs: Regina Hampton, 53, unemployed due to injuries
Defendants: American Multi-Cinema, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $9,117,715.96
- Net Verdict or Award: $9,117,715.96
- Contributory/Comparative Negligence: None.
Past medical expenses: $343,561.96
Past loss of earnings: $197,029
Future lost earning capacity: $369,287
Future medical expenses: $1,007,838
- Trial or Arbitration Time: 8 days
Attorney for the Plaintiff:
Carpenter & Zuckerman by Pejman Ben-Cohen and Robert Ounjian, Beverly Hills.
Dudek Law Firm by Fred Dudek, San Diego.
Attorney for the Defendant:
Manning & Kass, Ellrod, Ramirez by Kenneth Kawabata, San Diego.
Plaintiff’s Medical Expert(s):
Joshua Prager, M.D., pain management, Santa Monica.
David Fish, M.D., life care planning, Los Angeles.
Defendant's Medical Expert(s):
Jason Hymes, M.D., pain management, Los Angeles.
Jeremy Hogan, M.D., neurology, San Diego.
Richard Greenfield, M.D., orthopedics, San Diego.
Plaintiff's Technical Expert(s):
Carl Beels, safety engineering, San Diego.
Defendant's Technical Expert(s):
Facts and Background
Facts and Background:
On June 17, 2018, plaintiff and her family went to the AMC theatre in Poway to watch the Incredibles 2 on Father’s Day. After purchasing popcorn and a soda at the concession stand, plaintiff was walking down a hallway toward the auditorium where the movie was playing and passed an ADA bathroom that had a sign on it indicating the restroom was out of order.
As plaintiff continued walking, she turned a corner to go into the auditorium, stepping off carpet and onto a tile floor and immediately slipped and fell on water coming out of the bathroom. She fell forward onto her outstretched hands and then the rest of her body hit the ground.
That defendant AMC was negligent and had actual notice of the cause of plaintiff’s fall. Also, that either the fracture or subsequent casting of her wrist caused CRPS.
Defendant AMC disputed liability and contended it did not have actual or constructive notice of the water that caused plaintiff’s fall.
With respect to plaintiff’s injuries, defendant AMC disputed causation of her CRPS and contended her injuries and chronic pain were caused by her pre-existing fibromyalgia and extensive surgical history, including a lumbar fusion, two elbow surgeries and bilateral knee surgeries.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Non-displaced distal radial fracture, which resulted in CRPS.
Demands and Offers
- Defendant Final Offer before Trial: $200,000