Category: Premises Liability

The Verdict

On December 11, 2015, Attorney Joel Williams and his co-counsel, Alan Hamilton of Shiver Hamilton, secured a $1,975,000.00 verdict in the State Court of Fulton County in favor of their client who was hit by a forklift. The verdict came on the heels of a one week trial where the defense denied both liability and causation. The case was Daniel Jones v. RD America, LLC d/b/a Restaurant Depot, Civil Action No. 14EV001101D.

The Plaintiff’s Case

The forklift collision occurred when Plaintiff was buying supplies for his store at a Restaurant Depot in Atlanta. As Plaintiff stood on an aisle looking at cleaning supplies, a Restaurant Depot employee backed a forklift into him causing Plaintiff to fall over his flatbed shopping cart. As Plaintiff fell, the back of his head and neck stuck some steel shelving resulting in a cervical disk herniation. The Plaintiff declined medical treatment at the scene but went to the emergency room later that afternoon with complaints of neck, back, and radiating arm pain. Medical treatment included physical therapy, epidural steroid injections, and a one-level cervical fusion surgery. At the time of trial, past medical expenses were just over $184,000.00.

The Defense

The defense presented the testimony of two of Defendant’s former employees who claimed that the forklift never hit the Plaintiff. At most, the defense claimed, the forklift hit the Plaintiff’s shopping cart. The defense noted that Plaintiff did not report neck pain at the scene and walked out of the store and returned to work. The defense also claimed that Plaintiff’s pain was caused by arthritis, a degenerative condition that progresses with age. To support this theory, the defense hired an orthopedic surgeon who testified that the cervical damage was all degenerative and not caused by trauma. The jury did not buy this defense because, as Plaintiff’s orthopedic surgeon testified, the Plaintiff never needed treatment for neck pain prior to the day he was hit by the forklift.

Ultimately, the jury rejected the defenses’ denials and found in favor of the Plaintiff. Attorneys Joel Williams and Alan Hamilton were able to show material inconsistencies in the testimony of the defense witnesses. They were also able to show that the Defendant’s practice of operating forklifts in and around customers without any warnings or barriers was inherently dangerous. https://www.osha.gov/SLTC/poweredindustrialtrucks/hazards_solutions.html

Importance of Preserving Evidence

Throughout the case, the defense claimed there was no surveillance video of the incident because there was no camera in the store “facing the direction” of the aisle where it happened. Just before trial, on a hunch, we sent someone out to “trust but verify.” Sure enough, there was a camera mounted on the wall that was facing the direction of the aisle where the incident occurred. We believe this key contradiction, along with the fact the video was not preserved from the day of the incident, was detrimental to the corporate defendant’s story of what really happened that day.

The Jury

The jury began deliberations on Thursday, December 10, 2015 at approximately 5:00 p.m. and deliberated about an hour before going home. They returned the following day and returned a $1,975,000.00 Plaintiff’s verdict. The verdict was nearly 10x the highest offer made by the defense prior to trial and was a reminder of the vital role juries play in our civil justice system. The jury took their job seriously and provided long awaited vindication for a very deserving client.

Icy Walkways – Premises Liability

With the onset of freezing temperatures, it is important that businesses take all reasonable steps to make sure that ice does not cause slip and fall hazards for their customers. Unfortunately, many businesses fail to address icy conditions before someone is hurt on their property. Simple measures such as turning off sprinkler systems, salting sidewalks, and providing warning cones during freezing weather go a long way in protecting customers from injury.

When unnatural accumulations of ice are present on a property, the business owner or occupier may be liable for slip and fall incidents on the property. Examples of unnatural accumulations of ice may include:

• Sprinkler systems that are not turned off during freezing temperatures
• Sloping surfaces such as a parking lots or handicap ramps that cause water to accumulate and freeze into icy patches
• Ice accumulations on a roof that melt, drip off, and refreeze on the ground
• Leaking air conditioner units that cause water to accumulate and freeze resulting in slippery icy patches

In Georgia, business owners have a duty to exercise reasonable care to keep their property safe for their customers. O.C.G.A § 51-3-1. Responsible business owners have procedures in place to try and prevent slip and falls on snow and ice. Examples of measures that business owners can take to keep their customers safe include:

• Inspecting parking lots, sidewalks, and stairs to identify any hazards that exist on the premises
• Treating icy spots with salt or other products that can help melt the ice
• Constructing temporary barricades or placing signs and safety cones to warn customers when icy spots exist
• Ensuring that drain pipes and catch basins are free from clogs which can cause snow or ice to melt and refreeze on walking surfaces
• Turning off all sprinkler systems that can cause walking surfaces to become wet and icy in freezing temperatures

Sadly, too many businesses do not take these simple steps which often result in dangerous icy conditions on their property. Slip and fall incidents can result in painful and catastrophic injuries. These injuries may include broken bones, hip injuries, knee injuries, back and spinal cord injuries, paralysis, head and brain injuries, as well as shoulder and arm injuries. If you have been injured in a slip and fall incident at a business due to snow or ice accumulating in a parking lot, sidewalk, store entrance, or handicap ramp, call Joel today for a free consultation to learn about your legal options.