Trial News
Verdicts & Settlements: Premises Liability
Inadequate warnings about restaurant booth's raised step
September 5, 2019Sheila Rand, 75, ate lunch with a friend at a Jimmy John’s restaurant. As Rand exited the dining booth, which had a single raised step, she fell, fracturing her leg. This led to infections around her ankle, complicating her recovery. Additionally, orthopedic hardware placed in her back during a previous surgery broke in the fall, necessitating several surgeries and physical therapy.
Rand sued Atlas West, Inc., and Atlas Franchise West, Inc., alleging the booth area lacked adequate warnings about the existence of the step. The plaintiff claimed that the step, which was indistinguishable in appearance from the floor, caused her to fall because it lacked a border or rubber stop.
The defense argued that the plaintiff’s fall resulted from her own carelessness and that the condition was open and obvious.
The parties settled for $250,000.
Citation: Rand v. Atlas Franchise W., Inc., No. 30-2018-00990446-CU-PO-CJC (Cal. Super. Ct. Orange Cnty. Mar. 4, 2019).
Plaintiff counsel: Benjamin T. Ikuta, Irvine, Calif.
Plaintiff expert: Bradley Rutledge, biomechanical engineering, Los Angeles.
Defense expert: Jay Elbettar, building codes, Huntington Beach, Calif.
