Vol. 57 No. 5

Trial Magazine

Verdicts & Settlements: Premises Liability

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Man falls into open service pit at auto repair shop

May 2021

While Doe, 84, was visiting the Roe auto repair shop, he fell into an open service pit. He hit his head and suffered a subarachnoid brain hemorrhage and a traumatic brain injury. Doe’s injuries necessitated a 10-day hospitalization, and he now suffers from permanent cognitive deficits, including memory impairment. He had lived independently before the incident but has now moved to assisted living, where he receives 24-hour care.

Doe sued the repair shop, alleging that it violated its franchisor’s safety protocols by allowing him to enter the service area unescorted. Suit also claimed there was inadequate signage and a lack of warnings.

The parties settled for $1.8 million.

Citation: Doe v. Roe, Undisclosed Dkt. No. (N.C. Confidential Ct. Nov. 15, 2020).

Plaintiff counsel: Justin Osborn and Joe Budd, both of Raleigh, N.C.