Selinsky V. Mmt Lapagava, Llc Et Al

On January 26, 2024, the Colorado jury delivered the verdict in favor of Plaintiff Catherine A. Selinsky against Defendants MMT Lapagava, LLC (“Movie Tavern”), At Seven Hills Aurora Co, LLC, and ArciTerra Companies, LLC in a personal injury lawsuit arising out of defective premises at the movie theatre.

Case Background

The present defective premises lawsuit was filed on May 5, 2020, by the Plaintiff in the United States District Court, Colorado (Denver) [Case number: 1:21cv1375]. Judge Regina M. Rodriguez presided over this case.

Cause

The Plaintiff was born with a medical condition called osteogenesis imperfect. It is a genetic disorder that causes bones to break easily and deformities. On December 21, 2019, she decided to see a movie before leaving town for the holidays. She purchased a $11.32 ticket on Fandango for "Richard Jewell" showing at Movie Tavern that night. It was her first time at Movie Tavern. Around 6:30 PM, she left home and stopped at Starbucks for snacks. By 7:00 PM, she parked in a handicapped spot southeast of the Theater's Property. She had a "qualified disability" under the American Disability Act (ADA) and needed accessible entry, but poor lighting and signage made finding the wheelchair ramp difficult. She finally spotted it when a passing car's headlights illuminated it and she ascended the unpainted ramp without any detectable warnings. Inside, she showed her ticket on her phone and headed to her seat. After the movie ended at 9:30 PM, she followed other patrons toward the Theater's exit, with TVs to her right and poles to her left. She saw patrons leaving through doors on the south side but was unaware of doors to her left (where she entered) due to a divider. Exiting through the south doors, she faced darkness and a poorly lit exterior. There were no signs or clear path to the ramp which was obstructed by a stone pillar and lacked a minimum turning clearance for her wheelchair. The Property didn't have continuous accessible routes, curb ramps, or signs for accessible entrances. In her search for the