Wet floor at movie theater causes slip and fall. $1.8M. Los Angeles County.

Summary

Retiree slips on wet floor in movie theatre on rainy day in 2016. Plaintiff beats CCP 998.

The Case

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

The Result

Gross Verdict or Award: $1,810,000
Net Verdict or Award: $1,357,500
Contributory/Comparative Negligence: 75% AMC; 25% Mr. Carmack
Economic Damages:
Future medical expenses: $385,000
Non-Economic Damages:
Past: $550,000

Future: $875,000
Trial or Arbitration Time: 7 days
Jury Deliberation Time: 7 hours
Jury Polls: 9-3

The Attorneys

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.

The Experts

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.
Plaintiff's Contentions:
That defendant theater's negligent actions in dealing with a wet floor caused him to slip and incur injury.
Defendant's Contentions:
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

Additional Notes

Plaintiff served a 998 in January 2022 for $849,000, made an offer of $450,000 before trial, and offered a high-low during trial of $1,500,000-$200,000. AMC's highest offer was $50,000 before trial.