The verdict's in: Chipotle's leaky roof leads to injury

Plaintiff: Allison Judkins.

Defendants: Chipotle Mexican Grill.

Insurer: Zurich.

On June 15, 2012, Allison Judkins, 50, alleged that she fell while ordering a meal at the Chipotle Mexican Grill in West Palm Beach, Fla. She sued for negligence, claiming that a roof leak led to water pooling on the floor near the ordering station.

Judkins' attorney alleged that Chipotle knew about the leak and the resulting water issue in May 2012. The manager had confirmed that there was water and it was making the floor slippery. He cleaned up the water, verified it was dry and then found water had accumulated in the same spot again the next day. The manager contacted Chipotle's corporate chain of command to express his concern for the customers and request a repair as soon as possible. He placed a yellow caution sign near the rusted window frame where the water seemed to be entering to warn customers to be careful in that area.

The day of the accident, Judkins walked up to the counter to place her order then moved down the counter to look at the toppings available. She slipped and fell backwards, landing on her back and hitting her head on the floor. According to Judkins' counsel, the manager said, "I knew something like this was going to happen," after she fell.

She was taken by ambulance to a local emergency room and it was determined that she had sustained a concussion and was suffering from pain to her neck. Judkins was prescribed pain medication and instructed to follow up with an orthopedist, who ultimately diagnosed three disc herniations. She underwent a cervical fusion, had screws implanted and underwent six months of physical therapy twice a week.

The orthopedic specialist who treated her said the disc herniations were the result of the whiplash she suffered when she fell and struck her head. She claimed that the pain and other limitations prevented her from enjoying everyday life and participating in activities such as taking her son to the zoo, Kennedy Space Center and Walt Disney World like she had before the accident.

Judkins sought to recover damages for past and future medical costs, past and future lost earnings, as well as past and future pain and suffering.

The jury found that Chipotle was 100% negligent and liable for the injuries, and awarded Judkins damages totaling $1,351,362:

• • $244,363 for personal injury and past medical cost.
  • $430,191 for personal injury and future medical cost.
  • $11,500 for personal injury and past lost earnings capability.
  • $15,308 for personal injury and future lost earnings capability.
  • $325,000 for personal injury and past pain and suffering.
  • $325,000 for personal injury and future pain and suffering.

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