A recent court filing reveals a dramatic incident involving a well-known restaurant chain, leading to significant injuries and subsequent legal action. On June 20, 2024, plaintiffs Stacy Ellison and Robert Palmatier filed a complaint in the Superior Court of California, County of Sacramento, against American Dairy Queen Corporation, Fosters Freeze Orangevale, DQ Grill and Chill Restaurant, and other unnamed defendants.
The lawsuit centers around an incident that occurred on October 30, 2022. According to the complaint, Ellison and Palmatier were legally on the premises of the DQ Grill and Chill Restaurant located at 9295 Greenback Ln in Orangevale, California. After placing their order, they proceeded to sit at an outdoor table which suddenly overturned, causing them to fall backward onto the ground. The plaintiffs allege that this fall resulted in various personal injuries and damages.
Ellison and Palmatier assert that the defendants had control over the property and were responsible for its maintenance. They claim that the dining tables were improperly maintained and posed a hazard to customers. "Defendants knew or should have known of the improperly maintained dining tables," states the complaint. The plaintiffs further allege that the negligence extended to how these tables were constructed, managed, inspected, and supervised.
The injuries sustained by Ellison and Palmatier are described as both economic and noneconomic damages. Economic damages include past and future medical expenses, loss of income or earning capacity, loss of ability to provide household services, incidental costs, consequential damages, property damage, and loss of use. Noneconomic damages encompass physical pain and suffering (both past and future), loss of enjoyment of life, physical impairment, inconvenience, anxiety, and emotional distress.
In their plea for relief from the court, Ellison and Palmatier seek several forms of compensation: noneconomic damages exceeding the jurisdictional limit of the court; all medical-related expenses according to proof; compensation for lost earnings; prejudgment interest as permitted by law; all costs associated with bringing suit; along with any other relief deemed just by the court.
Representing Ellison and Palmatier are attorneys Jason J. Sigel (SBN: 235761) and Samual L.C. Dollar (SBN: 340310) from Dreyer Babich Buccola Wood Campora LLP. The case is filed under Case No.: [Case ID].