David D'Amico v. Olive Garden

I. Facts

The following facts are taken from Plaintiff’s Second Amended Complaint (“SAC”) (Dkt. 1-20, Exhibit A1). Plaintiff alleges that on or about December 20, 2020, he was struck by a hanging extension cord or similar object while lawfully walking within Defendants’ premises in Buena Park, California. Id. ¶ 8. Plaintiff alleges the object that hit him was unmarked and unsecured. Id. As a result, Plaintiff claims that he suffered severe physical injuries and emotional pain and suffering that are permanent in nature. Id. ¶ 11. Plaintiff alleges that each of the Defendants knew or, in the exercise of reasonable care, should have known Defendants’ building premises were in a dangerous condition. Id. ¶ 9. Plaintiff alleges that Defendants were negligent, careless, and reckless in failing to properly maintain the premises and secure the object that struck the Plaintiff. Id.

CIVIL MINUTES – GENERAL

Case No. 8:25-cv-00412-DOC-KES Date: June 5, 2025 Page

Plaintiff further claims Defendants’ negligent and careless maintenance or control of the premises constituted a conscious disregard for the risk of harm to invitees at the premises. Id. ¶ 15. Plaintiff…