Premises Liability

Premises Liability

Drew Brown obtained a $1.3 million dollar settlement for a South Carolina man who was injured in March, 2006. The case was John Roger Chambers v. PGT Industries, Inc. and was pending in Davidson County Superior Court. The man suffered permanent brain injuries when a load on the back of a truck bed collapsed and threw him to the ground at the PGT Industries plant in Lexington, North Carolina. The case settled for $1,300,000 following mediation in December 2008.

James Faucher represented the estate of a gentleman who was struck in the head by a golf ball, and ultimately died. While playing golf at a noted course in the Pinehurst/Moore County area, Mr. Faucher’s client suffered a significant head injury, which necessitated the client stop taking medication for a blood condition. The client thereafter suffered a stroke, and died. The case was settled confidentially prior to trial.

Jeff Peraldo represented a salesman and vendor at the High Point Furniture Market who, as he was walking in a crowd, slipped and fell on an accumulation of paper inserts that had fallen from periodicals distributed at Market. The building owner denied any prior knowledge of the hazard, denied the claim and litigation was necessary. The evidence established that the inserts had regularly fallen on the floor, required regular clean up and were thus a known hazard. The case settled at mediation for a confidential amount.

Grant Sigmon represented a local man who suffered a dislocated shoulder when he fell at home due to a water leak which the man had previously brought to his landlord’s attention. The injury required surgical repair and extensive physical therapy. The landlord’s insurance company had offered nothing prior to Sigmon’s involvement. The case settled for $35,000 before a lawsuit was filed. 

The Greensboro Law Center represented a gentleman from New York that fell in the parking lot of the Family Dollar in Reidsville, North Carolina. The client fell when entering the store from the handicap parking lot. The allegation was that there was poor lighting in the area which resulted in a dangerous condition. Family Dollar moved for summary judgment which was denied. The case settled at mediation for $80,000.

James Faucher represented the family of a 3 year old child that was killed at Chimney Rock State Park when he fell through an inadequate barricade on the Skyline Trail at the Park. The child’s death received significant media attention, and the Skyline trail was closed indefinitely following the death. Mr. Faucher asserted claims both against the North Carolina Department of the Environment and Natural Resources—the owner of the Park—and against a private entity that operated the park. After significant discovery, including the depositions of numerous State and Park employees, the case was settled for a confidential amount.

Drew Brown represented Catherine Thompson, a Duke graduate, in a lawsuit against Duke University arising out of her fall on the front steps of Duke Chapel in October 2005. Ms. Thompson suffered significant shoulder injuries as a result of the fall. The post-operative diagnosis for the injury was a displaced three-part proximal humerus fracture to the right upper extremity. Benson & Brown obtained an affidavit of the former Dean of Duke Chapel who testified that there were multiple previous falls in the area where Ms. Thompson fell. Quickly after the testimony was presented to Duke via affidavit, Duke’s summary judgment motion was denied and the parties entered into a confidential settlement agreement at mediation.

Jeff Peraldo represented a young man who, while leaning on a rail on a hotel balcony, fell from a second floor, when the rail gave way and broke loose from a wall. The hotel denied liability and claimed no knowledge its rail was in disrepair. Witness testimony established the rail to have been in a rusty condition and the case settled pre-suit for the sum of $32,000.00.

James Faucher represented a South Carolina woman who suffered a serious shoulder injury while working at a building in Charlotte, NC, which was owned and operated by a large corporation. No meaningful offers were made even at mediation. Faucher and Sigmon pushed forward with several depositions, and the case settled confidentially just days before trial. 

While at Smith Moore, James Faucher regularly represented statewide and nationwide retailers in premises liability litigation, ranging from slip and fall claims, food poisoning claims, to failure to provide adequate security. Mr. Faucher was able to resolve many claims with a finding of summary judgment for the retailer. Having defended many such claims, and now pursuing such claims, Mr. Faucher knows well the pitfalls of premises liability cases and therefore has a the knowledge and experience to uncover evidence helpful to successful premises liability claims.

Jeff Peraldo represented a middle aged woman who was injured when she fell over a box left in an aisle in a department store. The store claimed the client was negligent by not seeing and avoiding the box. The eventual evidence, however, showed that a store employee had placed the box in the aisle and then led the client on a walk along that aisle to the cash register so she could pay for a purchase. The case then settled for a confidential amount.

Drew Brown represented a woman from Robeson County that fell over a shoe box at a J.C. Penneys in Lumberton on November 26, 2004. J.C. Penney Company moved for summary judgment on the claim. J.C. Penneys’ motion was denied in Robeson County Superior Court. The case settled at mediation for a confidential amount.

Jeff Peraldo represented a middle aged man who slipped and fell in a hotel bathroom tub/shower and tore his rotator cuff. The client fell just as he first stepped into the tub. The evidence showed that staff had left a large amount of soap/cleaning solution in the tub after cleaning the tub earlier that day. Nonetheless the hotel denied the claim and a lawsuit was necessary. The case settled before trial for $40,000.00. 

The Greensboro Law Center represented an elderly Greensboro woman against a shuttle company for injuries she suffered while entering the company's vehicle in January 2008. The driver failed to follow specific requests for assistance given by the client, and stood idly by as the woman fell out of the car and broke her femur, requiring surgery the same day. The firm took the case to arbitration in July, 2012. The panel awarded the plaintiff $80,000, which was more than 5 times the pre-arbitration offer. The insurance company eventually paid $68,000 to settle the case.

Drew Brown sued Wal-Mart and Sam’s East arising out of the fall of a patron in Sam’s Club in Winston-Salem on November 21, 2005. Nothing further can be said except as outlined specifically in the agreement that “a voluntary dismissal with prejudice was filed and we have no further comment.” 

James Faucher represented an 11 year old boy who required life saving medical treatment after being trapped in a water slide tunnel, and water park employees sent empty tubes down the slide, and the tubes became lodged in the tunnel, trapping the young boy and his sister. The claim settled for $42,000 prior to suit being filed.

Drew Brown represented a Greensboro woman who fell at Food Lion on Lawndale Drive in April 2007. The injuries resulted when she fell on a spill on an aisle that had not been cleaned. Mr. Brown’s client had to have surgery as a result of a traumatic chondromalacia with chondral loose bodies in her left knee. The client’s former counsel was only able to obtain an offer of $20,000 in advance of litigation. Brown was hired to file the case. Food Lion settled the case at mediation paying $65,000. 

Drew Brown represented a Georgia woman who fell in “The Grande” movie theatre near the Friendly Shopping Center in Greensboro in September 2004. The fall occurred as a result of poor lighting in one of the aisleways of the theatre which did not reveal a drop off. Mr. Brown’s client sustained serious soft tissue injuries in the fall. The case settled at mediation for a confidential amount.

These results are illustrative only, and do not represent all of the cases that the law firm has  handled. These results should not be considered as any sort of guarantee, warranty, or prediction regarding the outcome of any other legal matter. Every case is different and must be evaluated separately. The law firm  makes no representation that it can obtain in other cases the same or similar results.. This information is not intended to establish, and consequently does not establish, an attorney-client relationship. E-mailing a request for information does not create an attorney-client relationship.