Maria Gomez vs. Food 4 Less Of California, Inc., et al.

Case Background

On January 22, 2019, Maria Gomez filed a premises liability lawsuit after a slip and fall at the Food 4 Less of California Inc. grocery store. She alleged that negligence in the maintenance of the premises had led to her damages. The case was filed in the California Superior Court, Los Angeles. Judges Frederick C. Shaller, Lisa R. Jaskol, Cherol J. Nellon, and Daniel M. Crowley presided over this case. [Case number: 19STCV01629]

Cause

On or around October 2, 2017, Plaintiff Maria Gomez shopped for groceries near the refrigerated aisle at the Food 4 Less of California Inc. supermarket in North Hollywood. While walking inside the store, she slipped on produce left on the floor. This slip caused her to fall to the ground, resulting in serious injuries.

Subsequently, the Plaintiff filed a lawsuit against Food 4 Less of California Inc., along with Alpha Beta Company, Ralphs Grocery Company, and Kroger Co. However, Alpha Beta Company, Ralphs Grocery Company, and The Kroger Co. were later dismissed from the case. The proceedings continued solely against Food 4 Less of California Inc.

Injury

As a direct and proximate result of Defendant Food 4 Less of California Inc.’s negligence, Plaintiff suffered a fracture in her right knee’s patella. This injury affected her overall health, strength, and activity. Additionally, it caused harm to her nervous system and body. Consequently, these injuries led to ongoing mental, physical, and emotional pain and suffering for the Plaintiff.

She alleged that she suffered a rotator cuff tear in her shoulder and that her congenital spondylolisthesis worsened due to the incident. Eventually, she pursued physical therapy for both her shoulder and back.

To address her injuries, Gomez underwent lumbar fusion and shoulder surgery. She asserted that she could no longer work in the same capacity as before the accident. Additionally, she experienced ongoing pain and anticipated needing a second fusion to address adjacent segment disease. Gomez also stated that she would require a spine stimulator for future treatment.

Damages

As a further direct and proximate result of Defendant’s negligence, Plaintiff incurred medical expenses. She would continue to face related costs, which would be proven later. Additionally, the negligence of the Defendants significantly impaired Plaintiff’s earning capacity. This impairment affected her both in the past and present, with the exact amount to be determined based on evidence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Maria Gomez
    • Counsel for Plaintiff(s): Joseph Nazarian | Giancarlo Irribarren
  • Defendant(s): Food 4 Less of California Inc.
    • Counsel for Defendant(s): Gregory E. Stone | Suzanne R. Feffer

Claims

The Plaintiff alleged negligence and premises liability in the complaint. The Defendant allegedly carelessly and negligently owned, controlled, maintained, and operated the premises. This created a dangerous condition that posed a risk to anyone walking nearby. The Defendant knew, or should have reasonably known, about this hazardous condition. Despite this knowledge, they failed to provide adequate warnings, proper lighting, or notices to alert people to the danger.

As a direct result of the Defendants’ negligence, particularly by those they employed to mop the area, Plaintiff slipped and fell. The Defendant did not maintain the floor in a reasonably safe condition. They allowed a dangerous substance to remain on the floor, despite knowing it posed an unreasonable risk of harm to visitors. Furthermore, they failed to warn Plaintiff about the slippery substance present.

Defense

The Defendant denied liability and argued comparative negligence.

Jury Verdict

On July 23, 2024, the Los Angeles jury found that Defendant Food 4 Less California Inc. was liable for negligence in the maintenance of the premises, and such negligence was the main cause of harm to Plaintiff. The jury awarded Maria Gomez the following in damages:

  • Past medical expenses: $887,388
  • Future economic damages: $500,000
  • Past non-economic damages: $400,000
  • Future non-economic damages: $650,000

Thus, the total award came up to $2,437,388. On August 09, 2024, Honorable Frederick C. Shaller passed a judgment consistent with the verdict in this premises liability lawsuit.

Court Documents:

Available upon request