Trial News

As Isabella Lubomirski, 93, was leaving the bathroom at the Sansai Japanese Grill, she was struck by the wooden door. Lubomirski fell onto her left side, resulting in a fractured left femur. She underwent surgery and required physical therapy; however, she was unable to resume many of her previous activities due to instability. Approximately three years later, she was re-injured in a second fall and must now use a wheelchair. Her medical expenses were more than $41,700.

Lubomirski sued the restaurant, alleging that it failed to maintain and replace the door’s old pneumatic closer, which was not functioning properly and caused the door to close forcibly.

The jury awarded more than $185,100, and the parties later settled for $250,000.

Citation: Lubomirski v. PCAL BB Inc., No. 648559 (Cal. Super. Ct. Los Angeles Cnty. Dec. 2018).

Plaintiff counsel: David Pivtorak, Los Angeles.

Plaintiff experts: Arbis Rojas, geriatrics, and Braden Criswell, orthopedic surgery, both of Pasadena, Calif.; and Scott Liang, internal medicine, Arcadia, Calif.

Defense experts: Arthur Kreitenberg, orthopedic surgery, and Avi Ishaaya, pulmonology, both of Los Angeles.