Premises Liability Lawsuit: $600K Verdict With 50% Fault for TBI After Grocery Store Fall

Kwang Ho Lee vs. Restaurant Depot, LLC, a Delaware LLC

Case Background

On June 19, 2019, Plaintiff Kwang Ho Lee filed a premises liability lawsuit against RD America LLC incorrectly identified as Restaurant Depot LLC. The lawsuit was filed in the California Superior Court, Los Angeles County. Judges James E. Blancarte, Lisa R. Jaskol, Daniel M. Crowley, and Cherol J. Nellon presided over this case. [Case number: 19STCV21428]

Cause

Kwang Ho Lee, a Los Angeles County resident, shopped at the Restaurant Depot store located in Walnut, California on February 8, 2018. At the time, Lee owned several restaurants and regularly purchased food and supplies for his businesses from the store.

While shopping that day, he located a self-serve freezer containing uncooked turkey. To retrieve a container from the top row, Lee stepped onto the freezer’s bottom base, as there was no other way to reach it. As he pulled the turkey down, his foot slipped beneath the bottom shelf. This caused him to lose balance and fall backward, hitting the ground and striking the back of his head. The incident caused immediate pain and injury to his foot and head.

Lee promptly reported the incident to Restaurant Depot staff. Initially, he believed his injuries were limited to his foot. However, he later discovered that he had sustained a traumatic brain injury from the fall.

Injury

Kwang Ho Lee experienced severe and ongoing symptoms following his head injury at Restaurant Depot. These included debilitating headaches, neck pain, memory loss, anxiety, mood swings, difficulty thinking clearly, trouble sleeping, and post-concussion syndrome. The persistent effects of his brain injury caused significant disruptions to his life. He lost a hearing aid business and had to sell one of his restaurants due to his inability to manage them effectively.

Medical evaluations confirmed that Lee suffered from a Major Neurocognitive Disorder caused by a traumatic brain injury linked to the incident. Despite receiving treatment, his symptoms, including unbearable pain and memory loss, did not improve. The traumatic brain injury left him with lasting impairments that continue to affect his daily life.

To address his ongoing symptoms, Lee sought specialized medical care, including treatment from neurologists and other experts. However, his condition has not fully resolved. Doctors have informed him that he will require additional medical care in the future to manage his symptoms and improve his quality of life.

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Kwang Ho Lee
  • Counsel for Plaintiff(s): Jae Soo Kim

• Defendant(s): Restaurant Depot LLC | Does 1-50
  • Counsel for Defendant(s): Stephen Harber

Claims

Premises Liability

Restaurant Depot owned, managed, and operated the store where Kwang Ho Lee was injured. On February 8, 2018, Lee visited the store as a customer, creating a duty of care owed by Restaurant Depot to maintain a safe environment. The company had a responsibility to inspect the premises, address unsafe conditions, and warn customers about potential hazards.

However, the frozen turkey containers were improperly stacked and stored in a self-serve freezer, creating a significant safety risk. Restaurant Depot either knew or should have known about this dangerous condition but failed to take appropriate action. This negligence caused Lee to suffer serious injuries.

The improperly stacked containers posed a foreseeable danger that the company had time to identify and address. Despite this, Restaurant Depot neglected to repair or correct the issue, warn patrons, or take steps to prevent harm. As a result, Lee suffered physical, emotional, and financial harm.

Negligence

Restaurant Depot also acted negligently by failing to maintain a safe environment for customers. On February 8, 2018, Lee, as an invitee, had a reasonable expectation that the store would be free from unnecessary hazards.

The store’s failure to properly store and stack frozen turkey containers created an unreasonable risk of harm. Despite having actual or constructive knowledge of the danger, Restaurant Depot did not take reasonable steps to prevent injuries or warn patrons. This negligence directly caused Lee’s injuries.

The company’s actions breached its duty of care and were a substantial factor in causing harm to Lee. This included physical injuries, emotional distress, medical expenses, and a loss of earning capacity, all of which are subject to damages to be determined at trial.

Defense

RD America, LLC (incorrectly identified as Restaurant Depot, LLC) denied all allegations in the Plaintiff’s complaint, asserting no liability for the claimed injuries. Defendant argued that the Plaintiff’s own negligence contributed to the incident and that the property’s condition posed no significant risk. Additionally, the Defendant claimed no knowledge of any dangerous condition and contended that third-party actions or the plaintiff’s voluntary assumption of risk caused the injuries. Citing insufficient facts in the complaint and legal time limits under Section 335.1, RD America maintained that the claims should be dismissed or reduced proportionally based on shared fault.

Jury Verdict

On July 8, 2024, the jury found that RD America LLC’s negligence was a substantial factor in causing Lee harm. However, it was also ascertained that Lee was also negligent. The jury found both parties equally at fault, assigning 50% fault to each. The jury awarded the following damages:

• Economic Loss: $180,000
• Non-economic Loss: $420,000

The verdict totaled $600,000.

On July 18, 2024, Hon. James E. Blancarte entered a judgment consistent with the verdict.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com