VERDICTS & SETTLEMENTS

$250K SETTLEMENT Estate settles trip and fall claim for $250K

Action: Negligence, trip and fall

Amount: $250,000

Injuries alleged: Broken hip

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: N/A (settled)

Date of settlement: March 8, 2023

Special damages: 414 medicals of $20,868.52

Attorney for plaintiff: Shannon L. Altamura of Garrett, Walker, Aycoth & Altamura

Attorney for defense: Withheld

Insurance company: Hartford Underwriters Insurance Co.

The family of an 82-year-old woman who suffered a broken hip following a fall due to negligent flooring installation settled their claims without litigation for $250,000, their attorney reports.

The decedent had new vinyl flooring installed in her apartment on Aug. 23, 2021, and the flooring company failed to properly clean up after the installation and left traces of glue on the floor. The decedent’s foot became stuck in the glue while she was cleaning her living room, causing her to fall to the ground and break her hip. She required surgery and physical therapy, and although she made a strong recovery from the fall, she required the use of a cane or walker following the injury. The plaintiff’s decedent passed away due to unrelated causes as the claim was pending, so her family opened an estate to continue negotiations.

The flooring company initially denied liability, although photographic evidence supported the finding that it failed to clean up the glue residue after the job was completed. Additionally, the apartment complex manager was a witness to the fact that the company had been called back to clean up the floor following the incident. The insurance company also questioned whether the elderly woman had a prior history of falls; however, witness statements and medical history records were collected to demonstrate that she had no prior fall history and had never previously relied on a cane or walker to ambulate. The claim eventually settled without litigation

$5.2 MILLION SETTLEMENT Construction worker falls through roof opening, settles for $5.2M

Action: Premises liability/negligence

Amount: $5.206 million structured settlement providing compensation in addition to ongoing workers’ compensation benefits; workers’ compensation lien of $1.042 million fully satisfied for liquidated payment of $110,000

Injuries alleged: Fall trauma including T-10 spinal cord injury resulting in paraplegia and neurogenic bladder and bowel dysfunction, in addition to a mild traumatic brain injury

Case name: Withheld

Court/case no.: Buncombe County Superior Court/No. withheld

Jury and/or judge: N/A (mediated by Bill Brazil, Esq., of Asheville)

Date of settlement: Feb. 23, 2023

Attorneys for plaintiff: Jay Kerr of Jay Kerr Law, Asheville; Ervin Ball of Ball, Barden & Cury, Asheville

Attorney(s) for defense: Withheld

Were liability and damages contested: Liability was contested with allegations of contributory negligence

A 34-year-old male plaintiff sustained catastrophic injuries on Dec. 22, 2018, at a hotel construction site when he fell through the roof opening of a four-story HVAC riser shaft, through which ventilation ductwork would later be installed. The plaintiff sustained severe injuries, specifically including T-10 paraplegia due to permanent spinal cord injury, resulting in neurogenic bladder and bowel dysfunction, in addition to a mild traumatic brain injury.

The plaintiff was a laborer working for an independent contractor that was assisting the hotel framing crew. Members of the framing crew testified that, after creating the roof opening over the riser shaft, they secured a half-sheet of OSB (oriented strand board, which is similar to plywood) with nails over the opening to act as a cover. However, the crew did not apply any markings of any kind, including words, symbols or colors to the OSB cover. There was competent evidence to support a finding that the OSB sheet subsequently had been pried up by an unknown person, but then placed back unsecured over the opening.

The plaintiff had been instructed by the framing crew supervisor to remove all wood scrap debris from the roof top to prepare the area for the roofing subcontractors. After collecting a considerable amount of wood debris on the roof, including partial scrap pieces of OSB, the plaintiff approached the subject piece of OSB that was covering the riser shaft opening. He proceeded to lift the OSB sheet while stepping forward to stand it on edge, but stepped into the riser shaft opening. The plaintiff testified that the OSB was not secured or marked, appeared to be weathered, and had bent nails protruding that caused him to assume it was debris and not acting as a cover to any hole or opening. The plaintiff further testified that he was not aware of the riser shaft opening on the roof.

The plaintiff alleged that the defendants (i.e., the primary and secondary framing subcontractors, the general contractor, the roofing subcontractors, and the HVAC subcontractor) retained joint control over the hazardous condition and thus owed respective legal duties to prevent the plaintiff’s fall based on contractual obligations related to OSHA regulations and other industry safety standards. Specifically, the plaintiff asserted that OSHA and other industry standards required the subject roof opening either to be barricaded or applied with a secured cover and an adequate color-coded warning. The plaintiff further alleged that he did not have prior knowledge of the hazard, which he asserted otherwise was not open and obvious, and that his work duties created a foreseeable diversion of his attention.

Plaintiff’s counsel developed convincing evidence of the employer’s negligence based on a failure to provide proper training to the plaintiff on hazard detection regarding debris removal around fall hazards. The plaintiff had neither previously worked on a commercial construction project nor been provided any relevant safety training.

$1.025 MILLION SETTLEMENT Drunk driving accident case settles for $1.025M

Action: Motor vehicle negligence, dram shop

Amount: $1.025 million

Injuries alleged: Damage to internal organs resulting in removal of appendix and section of intestines; severe scarring; permanent GI issues; broken leg; PTSD

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: N/A (settled)

Most helpful experts: Maria Vargas, vocational consulting; P.J. Romanos, hospitality; David Eagerton, toxicologist Attorneys for plaintiff: Seth Beckley and Matt Gambale, of Osborn, Gambale, Beckley & Budd

Attorney(s) for defense: Withheld

Were liability and/or damages contested: Liability on dram shop was contested, as were damages Has the judgment been successfully collected: Settlement concluded

The plaintiff was a passenger in a vehicle that was hit head-on at highway speeds by a drunk driver who was travel- ing the wrong way on the interstate. She broke her leg and had severe internal injuries that required more than 30 days in the hospital and failed to heal properly. She suffered a bucket-handle injury from her seatbelt that resulted in resection of a portion of her intestines and her appendix.

According to plaintiff’s counsel, she was a new mother during the period of trauma and recovery and was unable to care for her son as she was in and out of the hospital. The damage to her internal organs has permanently affected her daily life and ability to work, counsel reported.

The driver who hit the plaintiff was found to have a BAC several times over the legal limit. Upon investigation, it was confirmed that the defendant driver drank at only one location, a wedding venue, before she attempted to drive herself home. The defendants argued that they did not overserve the driver and that there were no visible signs of intoxication. The driver confirmed that the only alcohol she consumed on the night in question was champagne served by the wedding venue, and the toxicology expert opined that she was served at least 10 standard drinks in less than three hours. The wedding venue operated an open bar and did not count drinks while serving guests, plaintiff’s counsel reported.

$5.35 MILLION SETTLEMENT

Elderly couple rear-ended; surviving spouse settles for $5.35M

Action: Motor vehicle negligence

Amount: $5.35 million

Injuries alleged: Wrongful death; injury to spine requiring surgery

Case name: Withheld Court/case no.: Withheld

Jury and/or judge: N/A (settled)

Date of settlement: October 2022

Special damages: Approximately $150,000 in medical expenses, including permanent impairment to spine of one plaintiff and wrongful death of another

Most helpful experts: Steve Farlow, accident reconstruction analysis; Dr. Patrick O’Brien, WakeMed Physiatry and Rehabilitation

Attorneys for plaintiffs: Hunt Willis and Forest Horne, of Martin & Jones, Raleigh Attorney(s) for defense: Withheld

Were liability and/or damages contested: Yes Has judgment been successfully collected: Yes

An elderly couple was traveling on a rural North Carolina highway when they stopped for traffic in front of them. As they waited for the traffic in front of them to clear, a commercial van operated by an employee of the owner failed to see or slow for the traffic in front of him and rear-ended the couple at full highway speed of approximately 65 mph.

The initial impact then sent the plaintiffs’ vehicle into the stopped vehicle to their front, causing a second violent impact.

Both plaintiffs were hospitalized. The husband would spend about 20 days in the hospital due to a spinal injury that required surgery to place a stabilization rod, but he otherwise made a miraculous recovery when his treatment was completed. The spouse, who was the front-seat passenger, succumbed to her injuries in the hospital approximately eight days after the crash.

Damages were significantly contested due to the old age and health of both plaintiffs. One plaintiff had recently beat a near-terminal cancer diagnosis, and there were significant pre-existing conditions asserted by the defense. Because of the damages elements of a wrongful death case in North Carolina, there were no economic loss damages as both plaintiffs were long since retired, so the damages largely consisted of the loss of a mother to three adult children.

The case settled on the first day of trial pursuant to a confidentiality agreement keeping the names of the parties, defense counsel and jurisdiction confidential.

New associations

Alisha Harris has joined Cranfill Sumner’s Charlotte office as an associate, with her focus on workers’ compensation law.

Kelly Koeninger, previously with Robinson Bradshaw, has joined Bryan Cave Leighton Paisner in Charlotte as a health care counsel.

Mark Usellis has joined Shumaker Law Firm in Charlotte as chief growth and strategy officer.

Drew Heath, a former North Carolina Superior Court judge, is joining Nelson Mullins’ Raleigh office in April.

Knicole Emanuel has joined Nelson Mullins’ health care team in Raleigh as a partner. She came from PractUS, where she was also a partner.

Tyler B. Peacock has joined Charlotte’s Wagner Hicks as a partner. He is a member of the firm’s litigation, labor and health care teams.

Professional groups

Jaclyn C. Sitjar of Ellis & Winters has been named to the Leadership Council on Legal Diversity as a “pathfinder” for 2023. Colleague Marcus Shields has been named a Leadership Council on Legal Diversity fellow for 2023.

Woody White of Woody White Law Firm was confirmed as an NC Senate appointee to the University of North Carolina System Board of Governors for a four-year term.

Promotions

Dawn M. Dillon has been named managing partner at Young, Moore & Henderson.