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Dec 04, 2017 Tort Litigation
Court of Appeal affirms jury verdict for GMSR’s movie theater client.

Martinez v. The Decurion Corp. (unpublished, 2d Civ. B270616):  A moviegoer tripped over a bench after being evacuated from a movie theater whose fire alarm was triggered by burnt popcorn.  The moviegoer sued the theater, GMSR’s client, for negligence.  She asserted several negligence theories, including that the theater had violated the Fire Code.  The jury returned a verdict for the theater, finding that it was negligent but that its negligence did not cause plaintiff’s injury.  On appeal, plaintiff argued that the trial court erred in allowing a defense expert to testify to his interpretation of the Fire Code.   The Court of Appeal affirmed the judgment for the theater.  Adopting GMSR’s arguments, the court held that plaintiff failed to preserve her objection to the Fire Code expert’s testimony and that even if she had preserved the issue, she failed to demonstrate that the expert testimony was prejudicial.

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