Mendiola v. Reading, et al.
Chris Faenza and Lauren Lofton obtained summary judgment in this high-exposure wrongful death case. Plaintiffs claimed wrongful death (negligence), intentional infliction of emotional distress, and punitive damages against Defendants.
Plaintiff’s decedent died after choking on a hot dog he was eating at a movie theater operated by Consolidated Entertainment, LLC (“Consolidated”), a subsidiary of Reading International, Inc. (“RII”). Plaintiffs sought to impose liability on Defendants based on their alleged failures to (1) ensure the janitor/cleaning lights in the theater worked, (2) train their staff to turn off a movie and/or mute sound during a medical emergency, and (3) call 911 in the event of a medical emergency. Plaintiffs claimed that these failures prevented good Samaritans from effectively performing CPR on Jacob Mendiola before the paramedics/fire department arrived, ultimately resulting in his death.
Following extensive law and motion work and oral argument resulting from its motion for summary adjudication, Consolidated prevailed in the Court summarily adjudicated the claims for intentional infliction of emotional distress and punitive damages.