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  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview
  • JOSE LUIS TORO VS PEPSICO, INC., ET AL. Premise Liability (e.g., dangerous conditions of property, slip/trip and fall, dog attack, etc.) (General Jurisdiction) document preview 
						
                                
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                                1   Eric Bryan Seuthe, Esq. (SBN 90269)
     Terrence Swinson, Esq. (SBN 275744)
 2   LAW OFFICES OF ERIC BRYAN SEUTHE & ASSOCIATES
     10990 Wilshire Blvd. Suite 1420
 3   Los Angeles, California 90024
     (310) 277-8020
 4
 5   Attorneys for Plaintiff
 6
 7
                      SUPERIOR COURT OF THE STATE OF CALIFORNIA
 8
                               FOR THE COUNTY OF LOS ANGELES
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10                                           )
     JOSE LUIS TORO                          )      CASE NO.
11                                           )
                                             )
12                 Plaintiff,                )      COMPLAINT FOR DAMAGES:
                                             )
13      vs.                                  )
                                             )
14   PEPSICO, INC., EL SUPER, a business )          1) NEGLIGENCE/PREMISES
     entity form unknown; and DOES 1 through )         LIABILITY
15   25, inclusive                           )
                                             )      2) NEGLIGENCE
16                                           )
                   Defendants,               )
17                                           )
                                             )
18                                           )
                                             )
19                                           )
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            COMES NOW plaintiff, JOSE LUIS TORO, and for his cause(s) of action against
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     the defendants and each of them, and alleges as follows:
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                         FACTS COMMON TO ALL CAUSES OF ACTION
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            1.     Plaintiff, JOSE LUIS TORO, is, and at all times herein mentioned was, a
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                   resident of Los Angeles County, in the State of California.
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            2.     Plaintiff is informed and believes and thereon alleges that defendant
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                   PEPSICO, INC. is, and at all times herein mentioned was, a corporation
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                   duly licensed and authorized to do business in the County of Los Angeles,
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                   State of California.

                                                1
                                    COMPLAINT FOR DAMAGES
 1   3.   Plaintiff is informed and believes and thereon alleges that defendant EL
 2        SUPER is and at all times herein mentioned was, a corporation duly
 3        licensed and authorized to do business in the County of Los Angeles,
 4        State of California.
 5   4.   That the true names and capacities, whether individual, corporate,
 6        associate or otherwise of defendants, DOES 1 through 25, inclusive, and
 7        each DOE in between, are unknown to plaintiff at this time, who therefore
 8        sues said defendants by such fictitious names, and that when the true
 9        names and capacities of said defendants are ascertained, plaintiff will ask
10        leave of court to amend this complaint accordingly.
11   5.   Plaintiff is informed and believes and therefore alleges that each of the
12        defendants sued herein as a DOE is responsible in some manner for the
13        events and happenings herein referred to and caused injury and damages
14        proximately thereby to plaintiff, as herein alleged.
15   6.   Plaintiff is informed and believes and thereon alleges that defendants,
16        PEPSICO, INC., EL SUPER , and DOE defendants 1 through 25, each of
17        them, were the agents, alter egos, employees, servants, employers,
18        masters, principals and/or associates of the remaining defendants and
19        each or all of them, and at all times mentioned, were acting within the
20        purpose and scope of such agency, employment, service, partnership
21        and/or association.
22                         FIRST CAUSE OF ACTION
23         (For Negligence/Premises Liability by Jose Luis Toro,
24                 Against Defendants, and Each of Them,
25                    and DOES 1 Through 25, Inclusive)
26   7.   Plaintiff re-alleges and incorporates herein by reference each and every
27        allegation contained in paragraph 1 through 6 as if set forth fully herein.
28   8.   Plaintiff is informed and believes and thereon alleges that at all times


                                        2
                           COMPLAINT FOR DAMAGES
 1         herein mentioned, defendants, PEPSICO, INC., EL SUPER , and DOE
 2         defendants 1 through 25, inclusive, owned, maintained, leased, controlled,
 3         possessed, inspected, operated, the area of the EL SUPER store located
 4         at, 1301 East Gage Avenue, in the City of Los Angeles, County of Los
 5         Angeles, State of California 90001 were the incident hereinafter described
 6         occured.
 7   9.    That on or about February 12, 2023, at the aforementioned time and
 8         place, defendants, PEPSICO, INC., EL SUPER , and DOE defendants 1
 9         through 25, inclusive, so negligently, carelessly and recklessly owned,
10         maintained, leased, controlled, possessed, inspected, operated, managed
11         and cleaned certain premises located at 1301 East Gage Avenue, in the
12         City of Los Angeles, County of Los Angeles, State of California 90001,
13         which was in a dangerous condition, so as cause plaintiff to be injured
14         near the meat department, after being struck by equipment and falling to
15         the floor, thereby proximately causing the plaintiff to sustain damages as
16         set forth herein.
17   10.   That on or about February 12, 2023, plaintiff was lawfully within defendant
18         EL SUPER’S, premises for the mutual benefit of plaintiff and defendants,
19         and each of them, and DOES 1 through 25.
20   11.   That the dangerous condition was known, or, in the exercise of ordinary
21         and reasonable care, should have been known, to defendants, and each
22         of them, and DOES 1 through 25, in adequate time for a reasonable
23         prudent person to have corrected the dangerous condition, or, to have
24         properly warned persons, including plaintiff, of the dangerous condition.
25   12.   That as a proximate and direct result of the dangerous condition, plaintiff,
26         JOSE LUIS TORO, has sustained, and in the future is certain to sustain
27         disabling, serious and permanent injuries, pain, suffering and mental
28         anguish in connection therewith, all to his general damages according to


                                        3
                               COMPLAINT FOR DAMAGES
 1         proof.
 2   13.   That as a further, direct and proximate result of the dangerous, plaintiff,
 3         JOSE LUIS TORO, has incurred and will in the future incur medical and
 4         sundry expenses in the examination, care and treatment of his injuries,
 5         the exact nature and extent of which are unknown to plaintiff at this time,
 6         and plaintiff will ask leave of court to amend this complaint in this regard
 7         when the same are ascertained.
 8   14.   At the time of said injuries, plaintiff, JOSE LUIS TORO, was employed in
 9         his usual occupation, and as a further proximate result of the conduct of
10         the defendants and each of them, and by reason of said injuries suffered
11         by him, plaintiff was unable to attend his usual occupation and thereby
12         lost earnings and earning capacity.
13   15.   The full amount of such loss of earnings, past and future, is an amount
14         which is currently unknown to plaintiff, and plaintiff will amend this
15         complaint to state the full amount of such damages when the same
16         become known to him, or upon proof thereof.
17
18                        SECOND CAUSE OF ACTION
19         (For Negligence by Jose Luis Toro, Against Defendants,
20                              and Each of Them,
21                     and DOES 1 Through 25, Inclusive)
22   16.   Plaintiff re-alleges and incorporates herein by reference each and every
23         allegation contained in paragraph 1 through 15 as if set forth fully herein.
24   17.   Plaintiff is informed and believes and thereon alleges that on February 12,
25         2023, Plaintiff was hit by a cart owned by Defendant EL SUPER while
26         being pushed by a PEPSICO, INC, employee who was working at the
27         time.
28   18.   Plaintiff is informed and believes and thereon alleges that Defendants


                                         4
                            COMPLAINT FOR DAMAGES
 1         PEPSICO, INC and EL SUPER , and DOE defendants 1 through 25,
 2         inclusive, so negligently, carelessly and recklessly owned, maintained,
 3         controlled, possessed, repaired, inspected, operated, designed, built,
 4         managed and operated the subject cart and premises located at 1301
 5         East Gage Avenue, in the City of Los Angeles, County of Los Angeles,
 6         State of California 90001, in such a way that it constituted a dangerous
 7         condition, and struck the Plaintiff causing plaintiff to fall while near the
 8         meat department of the store.
 9   19.   As a result of Defendants’ conduct, on February 12, 2023, while lawfully
10         shopping at the store, Plaintiff was intentionally or negligently struck with a
11         cart while shopping at the store.
12   20.   That as a proximate and direct result of being struck by the cart and the
13         existence of a dangerous condition, plaintiff, JOSE LUIS TORO, has
14         sustained, and in the future is certain to sustain disabling, serious and
15         permanent injuries, pain, suffering and mental anguish in connection
16         therewith, all to his general damages according to proof.
17   21.   That as a further, direct and proximate result of the dangerous, plaintiff,
18         JOSE LUIS TORO, has incurred and will in the future incur medical and
19         sundry expenses in the examination, care and treatment of his injuries,
20         the exact nature and extent of which are unknown to plaintiff at this time,
21         and plaintiff will ask leave of court to amend this complaint in this regard
22         when the same are ascertained.
23   22.   At the time of said injuries, plaintiff, JOSE LUIS TORO, was employed in
24         his usual occupation, and as a further proximate result of the conduct of
25         the defendants and each of them, and by reason of said injuries suffered
26         by him, plaintiff was unable to attend his usual occupation and thereby
27         lost earnings and earning capacity.
28   23.   The full amount of such loss of earnings, past and future, is an amount


                                          5
                             COMPLAINT FOR DAMAGES
 1                which is currently unknown to plaintiff, and plaintiff will amend this
 2                complaint to state the full amount of such damages when the same
 3                become known to him, or upon proof thereof.
 4
 5              WHEREFORE, Plaintiff prays for judgment against the Defendants, and
 6   each of them, as follows:
 7         AS TO ALL CAUSES OF ACTION
 8         1.     For general damages according to proof;
 9         2.     For special damages for x-rays, medical and sundry expenses, according
10                to proof;
11         3.     For loss of earnings and earning capacity, according to proof;
12         4.     For the costs of suit incurred herein; and
13         5.     For such other and further relief as the Court may deem
14                just and proper.
15
16   DATED: May 8, 2024                       LAW OFFICES OF ERIC BRYAN SEUTHE
                                              & ASSOCIATES
17
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                                              BY:________________________________
19                                                 ERIC BRYAN SEUTHE
                                                   TERRENCE I. SWINSON
20                                                 Attorneys for Plaintiff
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                                                6
                                     COMPLAINT FOR DAMAGES