California movie theater sued by family of boy who choked to death on hot dog

A movie theater chain was sued Monday by the relatives of a boy with Down syndrome who choked to death on a hot dog during a film screening.

The wrongful death civil suit was filed in Kern County Court in California this week against Reading International Cinemas and its Valley Plaza 16 location in Bakersfield on behalf of the boy’s mother, Maryann Mendiola, and grandfather, Ricardo Mendiola, Courthouse News reported Wednesday.

Mr. Mendiola was at the theater on Oct. 30, 2012, with his 14-year-old grandson when the boy began to choke on a hot dog purchased from the cinema’s concession stand, the website reported.

He attempted to come to the teen’s aid, but he encountered difficulties due to the room’s poor lighting and loud movie, according to Courthouse News.

Employees eventually arrived to help after “an unreasonably long period of time,” at which point Mr. Mendiola “begged and pleaded with them to immediately turn on the lights and turn down the audio” so he could help his grandson, the complaint says.

“Despite the obvious emergency, the defendants’ employees callously refused to turn on the lights and/or turn down the audio and instead advised Mr. Mendiola that the defendants’ policies and procedures precluded them from interrupting the movie once it had commenced,” the lawsuit alleges.

“As a result, Mr. Mendiola was forced to frantically continue his desperate efforts to save his grandson with virtually no ability to see or hear. Mr. Mendiola was then forced to observe his beloved grandson struggle for his life and essentially suffocate and slowly stop moving as critical seconds passed, while he continued to try to save the decedent in the loud, dark theater as the defendants’ employees looked on doing nothing.”

The Mendiolas are being represented by attorney Timothy Osborn and are seeking punitive damages for wrongful death, intentional infliction of emotional distress and negligence with regards to the incident. A preliminary hearing has been scheduled for Nov. 29 before Superior Court Judge Lorna Brumfield.

When contacted by Courthouse News, a representative for the theater chain declined to comment on ongoing litigation.