California Court of Appeals Reinstates $850K Verdict in Restaurant Slip-and-Fall

A man’s allegation that he slipped and fell due to spilled water from a cart of dirty dishes at the Hibachi City Buffet in Los Angeles, California, was a reasonable one, according to an appeals court decision recently handed down.

On the date of injury, Juan Perez walked from the booth he was seated at to the restroom by way of a hallway. The hall was used as a means of accessing both restrooms and the kitchen. He recalled no moisture on the hallway floor on his way to the restroom. On his return, Perez slipped and fell. He noticed the tile floor was slippery due to a liquid substance he assumed was water, since it was clear and had no odor.

The incident was immediately reported to the restaurant and photos were obtained documenting the wet floor. The restaurant acknowledged the wet floor, but could not agree with plaintiff’s counsel on how it became wet. Two witnesses, restaurant employees, denied workers used the hall leading to the restroom. Instead, they said another hallway was used to convey carts containing dirty tableware. Additionally, the restaurant had several security cameras in place at the time of the incident to record events, such as slip-and-falls. A deposed restaurant manager claimed to have seen nothing out of the ordinary on the video recording on the day of the incident, other than the plaintiff entering the bathroom. She did not retain the video and claimed ignorance when asked about evidence preservation. The court concluded there was not enough to prove the restaurant was guilty of spoliation of the evidence.

While the restaurant admitted the hallway was used by employees to transport dirty dishes to the kitchen and that the cart used included tubs of glasses that contained liquid left over from diners’ meals, it would not admit that this could be a reasonable cause for the trail of liquid depicted in photos and a video taken by the plaintiff’s companion on the date of loss.

The court noted the liquid extended well past the rest room door in both directions, concluding it did not emerge from the rest room.

The jury in the underlying matter awarded Perez $850,000 in damages (the restaurant’s liability insurance policy limit was $1,000,000 per occurrence); however, the defendant moved for a new trial or a judgment notwithstanding the verdict. Both were granted.The plaintiff appealed both orders.

Upon review of the case, the California Court of Appeals reversed both orders and reinstated the jury award, as well costs to Perez.The appeals court found that the jury had concluded appropriately given the evidence. According to the court, “The probable explanation was straightforward, logical, and supported by the evidence.”

Case: Jorge Perez v. Hibachi Buffet, B304824, Court of Appeals of California, Second District, Division Eight