Complex Regional Pain Syndrome is diagnosed following a fall at the theatre. Verdict is beyond the insurance coverage of AMC theatres.
Plaintiff and her family visited the AMC theatre in Poway on June 17th to see the Incredibles 2 Father’s Day. Plaintiff purchased popcorn and a soda from the concession stand. She was then walking down a hall toward the theater where the movie was being shown. A sign indicating that the bathroom was not in order marked a spot near the ADA restroom. Plaintiff continued to walk, and she turned a corner so that she could enter the auditorium. She stepped off the carpet onto a tile floor, and then fell on the water from the bathroom. The rest of her body fell onto the floor after she fell forward onto her outstretched arms.
Case Details
- Case No. Regina Hampton, Inc.
- Court and Case Number: San Diego Superior Court / 37-2020-00012463-CU-PO-CTL
- Judgment or Verdict Date: Tuesday, August 30, 2022
- Date Action Filed: Friday, March 6, 2020
- Types of Action: Highlighted Verdicts Slip, and Fall
- Judge/Arbitrator(s),Hon. Joel R. Wohlfeil
- Plaintiffs:Regina Hampton, 53, is unemployed because of injuries
- Defendants:American Multi-Cinema, Inc.
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $9,117,715.96
- Award or Verdict: $9,117,715.96
- Contributory/Comparative Negligence: None.
- Economic DamagesPast medical expenses: $343 561.96Past earnings loss: $197,029Future lost earning capacity $369,287Future medical expenses: $1.007,838
- Non-Economic Damages:Past: $2,200,000Future: $5,000,000
- Arbitration or Trial Time:8 Days
Personal Injury Lawyers
- Attorney for the PlaintiffCarpenter & Zuckerman, Beverly Hills by Robert Ounjian and Pejman Ben CohenFred Dudek, San Diego: Dudek Law Firm
- Advocate for the DefendantManning & Kass, Ellrod, Ramirez by Kenneth Kawabata, San Diego.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Joshua Prager, M.D., pain management, Santa Monica.
David Fish, M.D. Life Care Planning, Los Angeles - The Medical Expert(s), Defendant:Jason Hymes, M.D., pain management, Los Angeles.
Jeremy Hogan, M.D., neurology, San Diego.
Richard Greenfield, M.D., orthopedics, San Diego. - The Technical Experts of Plaintiff:Carl Beels, safety engineering, San Diego.
- Technical Expert(s), Defendant:None.
Facts and Background
Plaintiff’s Contentions:AMC, the defendant, was negligent and had knowledge of the reason for plaintiff’s fall. Also, CRPS was caused by either the fracture or subsequent casting to her wrist.
Defendant’s Contentions:AMC, defendant, disputed liability and claimed it didn’t have constructive or actual notice of plaintiff’s fall.In relation to plaintiff’s injuries AMC disagreed with the causation and claimed her chronic pain and injuries were due to her pre-existing fibromyalgia. She also had extensive surgical history including two elbow surgeries, a bilateral knee surgery, and a lumbar fuse.
Personal Injuries and Damages
- Plaintiff claims physical injuries Non-displaced distal radioal fracture, which led to CRPS.
Demands and offers
- Final Offer to Defendant Before Trial:$200,000
Additional Notes
The excess policy limit for defendant AMC was $4M, with a self retention limit limit of $1M through AMC Entertainment Holdings, Inc., and AON Risk Service Central.
