Case Background
The legal dispute began after an incident on April 28, 2022, at the St. Johns Town Center in Jacksonville, Florida. Fatemeh Faranak Oskooeeian visited the outdoor mall area and restaurant premises when she encountered a hazard on the ground. While walking, she tripped and fell due to a significant change in elevation between concrete panels in the pavement. This unexpected dip or rise in the walkway caught her off guard, leading to a physical fall that resulted in various personal injuries.
Cause
The primary cause of the litigation centered on the maintenance of the walking surfaces at the shopping center. Oskooeeian alleged that the Defendants allowed a large section of the ground concrete to become uneven, creating an unreasonably dangerous condition for the public. She argued that the property owners and managers failed to inspect the area adequately or warn guests about the trip hazard.
Injury
As a result of the trip and fall, Oskooeeian suffered bodily injuries to her extremities. These physical injuries led to significant pain and suffering, physical impairment, and disfigurement. Beyond the immediate physical trauma, she dealt with mental anguish and a loss of her capacity to enjoy life as she had before the accident. The fall also necessitated medical treatment and hospitalization, which created ongoing financial burdens.
Damages Sought
In her initial complaint, Oskooeeian sought total damages exceeding $50,000. Her request for compensation covered her past and future medical expenses, lost wages, and the loss of her ability to earn money in the future. Additionally, she sought non-economic damages to account for her pain, suffering, and the permanent nature of the scarring and disability caused by the fall.
Key Arguments and Proceedings
The lawsuit moved through the Duval County Circuit Court as both sides debated who held responsibility for the uneven pavement. The legal process involved an initial complaint filed in March 2023, followed by formal answers from the defense and eventually a jury trial in December 2025.
Legal Representation
Plaintiff(s): Fatemeh Faranak Oskooeeian.
· Counsel for Plaintiff(s): Nelson E. Sierra of the law firm Morgan & Morgan.
· Expert for Plaintiff(s): Shaun Janse Van Rensburg | Jorge Acevedo | William Sutton | Rahul Deshmukh | Jack Dunn | David Segars | Samuel Swartz | Christopher Goll | Stephen Peppers | Traci K. Campbell | Domenic P. Esposit
Defendant(s): Shops at St. Johns, LLC (formerly Simon Property Group, Inc.) and California Pizza Kitchen, Inc.
· Counsel for Defendant(s): Scott D. Festin | George John Veith | Todd Tellson Springer
· Experts for Defendant(s): Richard C. Smith
Key Arguments or Remarks by Counsel
The legal teams focused heavily on the duty of care owed to restaurant and mall patrons. The Plaintiff’s counsel argued that the Defendants held a non-delegable duty to keep the premises safe for guests. They emphasized that the uneven concrete was a preventable hazard that should have been identified and repaired during routine maintenance or staff inspections.
Claims
Oskooeeian brought three counts of negligence against the Defendants. She claimed the businesses failed to maintain the pavement and neglected to train their staff to spot dangerous ground conditions. She also alleged that the businesses chose not to warn her about the specific danger, even though the uneven surface had existed long enough for them to have noticed it through reasonable care.
Defense
California Pizza Kitchen filed a robust defense, denying almost all allegations of negligence. Their legal team argued that any injuries Oskooeeian sustained resulted from her own failure to watch where she was walking. They specifically claimed that the uneven pavement was an "open and obvious" condition that any reasonable person should have seen and avoided. The defense further asserted that if they were found liable at all, the Court should drastically reduce the payout because Oskooeeian’s own negligence contributed more than 50% to the accident.
Jury Verdict
After hearing the evidence and the arguments from both sides, the jury reached a unanimous decision on December 3, 2025. The six-person jury concluded that the Defendants, Shops at St. Johns, LLC and California Pizza Kitchen, Inc., acted with negligence that legally caused the Plaintiff’s injuries.
However, the jury also found that Oskooeeian bore some responsibility for the incident. In the final assessment of fault, the jury assigned 95% of the negligence to the Defendants and 5% of the negligence to the Plaintiff herself.
The jury calculated the total damages without making any reductions for the Plaintiff's share of the blame, as the Court would handle those adjustments later. For medical expenses incurred in the past, the jury awarded Oskooeeian $4,659.15. For her intangible losses, including pain and suffering, physical impairment, and mental anguish, they awarded her $15,000 for the period spanning from the accident to the trial. The jury did not award any funds for future medical expenses or future pain and suffering.
Court Documents
