Brian T. Moss and Karen Liao Obtain Defense Verdict in Premises Liability Case

A Manning Kass Team consisting of Orange County Managing Partner Brian T. Moss and Partner Karen Liao recently obtained a defense verdict for their client, AMC Theaters. In this action, the plaintiff alleged damages arising from a slip-without-fall incident that occurred at an AMC Theaters location.

The plaintiff was walking toward the condiment station when he slipped on liquid on the tiled floor of the theater. The plaintiff claimed that AMC was negligent by failing to maintain its theater in a safe condition. As a result of the slip, the plaintiff alleged significant injuries to his lower back requiring three fusion surgeries and a failed spinal cord stimulator trial. The plaintiff further claimed that he will require a fourth fusion surgery in the future and a life care plan totaling $895,000. 

At trial, the plaintiff asked the jury to award nearly $8.5 million in damages for past and future medical expenses and pain and suffering. The defense offered evidence that its theater was reasonably operated and called into question the plaintiff’s credibility with regard to how the incident occurred as well as the plaintiff’s alleged injuries. The defense further argued that the plaintiff’s lower back injuries including three surgeries were due to his pre-existing, degenerative conditions rather than the slip.  After a thirteen-day trial, the jury denied the plaintiff’s claims and returned a verdict in favor of the defendant.

The win solidifies another positive result for the Manning Kass Premises Liability team.

UPDATE: The verdict was written about in an article by the Daily Journal, which can be found here (membership required).