Strattan v. Cedar Corp. dba McDonald’s

Partners Jeff Behar and Tina Mangarpan were in trial in Norwalk for 2 weeks ending May 22, 2024.  Slip and fall liability case against McDonald’s. Elderly man, an engineer and lawyer, fell on a freshly mopped wet floor and dislocated his shoulder with torn rotator cuff and torn knee ligaments. Also claimed head trauma.

Plaintiff claimed that McDonald’s franchise employees were negligent for violating the McDonald’s Safe Practices Manual with respect to the placement (or lack thereof) of the safety warning cones while the floor was being mopped. The manual contains a pictorial instruction that the safety cones are to be placed in a 10’ perimeter and that the mopping should be done in a figure 8 pattern.  Neither of these guidelines were followed. However, the biggest problem was the accident video itself which played to the jury showed that there was no safety cone at all in the specific location of the incident.

Defense argued that the cones had been placed in a “line of sight” fashion to give the customers a visual warning that the floors were being mopped.  Plaintiff was physically impaired with an arthritic knee requiring him to walk with a cane.  Defense claimed that he was not paying attention to even notice any of the cones prior to the accident.

As a result of the accident the plaintiff lost his driver’s license, lost his law license, and was admitted to a full-time assisted living facility.  A life changer.

In closing argument, the plaintiff’s attorney asked the jury to award between $5.5 to $7.5 million.

In terms of damages the jury verdict was as follows:

Past Economic Losses = $113,950.

Future Economic Losses = $259,636 *

Past non-economic Losses (pain and suffering) = $100,000

Future non-economic losses (pain and suffering)  = $178,500

Total = $652,086

The jury also found that the plaintiff was 25% contributorily negligent.

Calculation is $652,086 reduced by 25% = $489,064.  After reduction of future economic losses to present cash value, the verdict/judgment was for $450,657.

Defense served a pre-trial CCP 998 Statutory Offer to Compromise for $450,001.