Viramshabuh Duhancioglu vs. Ralphs, Et Al

On January 31, 2024, the Los Angeles jury returned a defense verdict for Ralphs grocery store located in Porter Ranch Town Center, CA. The jury found no negligence in the maintenance of the premises that had directly led to Viramshabuh Duhancioglu’s injuries and damages.

Case Background

On February 05, 2019, Plaintiff Viramshabuh Duhancioglu filed a premises liability action against Ralphs grocery store before the Superior Court of California, Los Angeles County, Central District. Judges Frederick C. Shaller, Lisa R. Jaskol, and Daniel M. Crowley Jr. presided over this case. [Case number: 19STCV05992]

Cause

Plaintiff Duhancioglu was lawfully on Defendant Ralphs’ premises at 19781 Rinaldi St, Northridge, CA 91326, when the accident occurred. Without any warning, Plaintiff tripped and fell over a cord negligently left on the floor of the grocery store resulting in injuries and damages. The Defendants breached their duty by failing to address, remove, or remedy this hazardous condition. They also neglected to warn their customers, including the Plaintiff, about the dangerous condition, despite having sufficient time and notice. This negligence by the Defendants caused the Plaintiff to suffer severe injuries, for which he received necessary and reasonable medical care and treatment.

Damages

The Defendants were liable for the damages, and the Plaintiff was entitled to recover various types of damages. These included general, special, actual, and compensatory damages. Specifically, the Plaintiff was entitled to compensation for necessary medical and related expenses. Additionally, he could also recover lost earnings, both past and present, as well as future lost earnings. The damages also covered the loss of future earning capacity. Furthermore, the Plaintiff sought compensation for mental, emotional, and physical pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s):  Ralphs Grocery Company dba Ralphs
    • Counsel for Defendant(s): David Breitburg | Martin Schannong | Edward Stone Gregory
    • Experts for Defendant(s): Mark J. Spoonamore, M.D.

Claims

The Plaintiff alleged that the Defendants had violated various regulations, including the Americans with Disabilities Act, California Health & Safety Codes, building codes, and/or local ordinances. These violations directly and legally caused the Plaintiff’s damages. The incident leading to these damages involved issues that the regulations aimed to prevent. Furthermore, the Plaintiff was within the group of individuals the regulations intended to protect.

Defense

The Defendant asserted that no negligence had occurred on its part. It claimed that the Plaintiff was liable for contributory negligence and had failed to mitigate the alleged damages. The Defendant also argued that intervening and superseding actions led to the damages.

Expert Testimony

The experts for the Plaintiff included Jason M. Cuellar, M.D., Dennis Devera, EMT, Jon Greenfield, M.D., Maurice Hale, M.D., Christopher Kaypekian, M.D., Daniel Manzoor, M.D., Sarkis Mesrobian, D.C., Jerrold Mink, M.D., Abirami Muthukumaran, M.D., Barry Pollack, M.D., Benjamin S. Santos, M.D., Michael J. Soffer, M.D., and Shahram Sam Torbati, M.D. These experts testified regarding the Plaintiff’s injuries and damages.

The Defendant’s expert was Mark J. Spoonamore, M.D.

Jury Verdict

On January 31, 2024, the Los Angeles jury found that Defendant Ralphs had been negligent in the use and maintenance of the property. However, this negligence was not the direct cause of the Plaintiff’s injuries and damages. Therefore, the Plaintiff received no damages.

On February 28, 2024, Hon. Frederick C. Shaller entered a judgment consistent with the verdict, stating that the Plaintiff would recover no sums whatsoever.

Court Documents:

Available upon request