Plaintiff develops CRPS after slip and fall in theatre. $9M. San Diego County.

Summary

Complex Regional Pain Syndrome diagnosed after plaintiff suffers a hard fall in theatre. Verdict exceeds AMC theater's insurance coverage.

The Case

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

The Result

Gross Verdict or Award: $9,117,715.96
Net Verdict or Award: $9,117,715.96
Contributory/Comparative Negligence: None.
Economic Damages:
Past medical expenses: $343,561.96

Past loss of earnings: $197,029

Future lost earning capacity: $369,287

Future medical expenses: $1,007,838
Non-Economic Damages:
Past: $2,200,000

Future: $5,000,000
Trial or Arbitration Time: 8 days

The Attorneys

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.

The Experts

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):
None.

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.
Plaintiff's Contentions:
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's Contentions:
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

Additional Notes

Defendant AMC had an excess policy limit of $4M with a self retention limit of $1M through AMC Entertainment Holdings, Inc. and AON Risk Services Central.