Campos v. Super Center Concepts
On August 21, 2008 Padilla was walking with Campos toward the entrance to Superior Super Warehouse in Long Beach and stopped to remove a shopping cart from a row of carts in the parking lot. As Campos walked ahead, he heard Padilla scream, “I fell.†Campos turned around and saw Padilla lying on the ground six or seven feet from an overturned cart. When Campos went to her, Padilla said, “The baskets were stuck, and I went down.†Padilla did not describe any other details of the accident and did not indicate anything was wrong with the shopping cart. Campos did not notice anything wrong either. There were no witnesses to the incident.
Paramedics arrived on the scene and transported Padilla to Long Beach Memorial Medical Center. The following day, she was transferred to a Kaiser medical facility and underwent surgery for a fracture of her right femur. On August 23, 2008, while still a patient at Kaiser, Padilla died.
2. Campos’s Complaint and Superior’s Motion for Summary Judgment
On November 19, 2009 Campos filed a lawsuit against Super Center Concepts, Inc., the owner of Superior Super Warehouse (Superior),[1] alleging four causes of action: (1) wrongful death, (2) loss of consortium, (3) premises liability and (4) general negligence.[2] The complaint alleged Padilla had died as a proximate result of Superior’s failure to properly maintain the shopping carts. The complaint also alleged Superior owed Padilla an affirmative duty to ensure her safety and failed to exercise ordinary care in managing the premises, exposing her to an unreasonable risk of harm.
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