Gearing

FACTS AND PROCEDURAL HISTORY

Plaintiff was injured at a CVS pharmacy owned by defendant in Mission Viejo, California. The injury occurred when an elderly man attempted to manually open the automatic “Exit” door of the pharmacy. The man pulled the crash bar on the door, overriding the motor and triggering a safety mechanism that pushed the door open with 30 pounds of force. The door pushed the man backward into plaintiff, who fell and was injured. Plaintiff sued defendant, alleging causes of action for negligence and premises liability. Plaintiff alleged the following seven breaches of duty: (1) locating the shopping carts to the left of the exit door, rather than on the right of the entrance door; (2) locating a structural pillar in the vicinity of the exit door, such that plaintiff was forced to walk across the path of the exit door twice; (3) placing a handle on the exit door, inviting attempts to open it; (4) the door snapping open upon being pulled; (5) a “handicap” sticker on the exit door, inviting attempts to open it from the outside; (6) failure of defendant’s staff to identify the elderly man who opened the door; and (7) failing to perform daily maintenance on the doors.…