$______ VERDICT - PREMISES LIABILITY - HAZARDOUS CONDITION - PLAINTIFF DELIVERS CASES OF WATER TO DEFENDANT STORE WHEN DEFENDANT'S DELIVERY RAMP COLLAPSES UNDER PLAINTIFF CAUSING HIM TO FALL TO GROUND - ROTATOR CUFF TEAR - TOE FRACTURE - 2 SURGERIES.

• Pages: 7-7

Attorney for plaintiff: Douglas McCarron of The

Haggard Law Firm in Coral Gables, FL.

COMMENTARY

Plaintiff’s counsel was able to resolve this negligent security action

by stressing evidence which showed that the defendant’s property

had limited and ineffective security measures for years before the

subject shooting and carjacking. Discovery established that the

property had been previously robbed and neighbors reported there

always seemed to be people hanging out at the location who ap-

peared to be dealing in narcotics.

On damages, the plaintiff was shown to be a hard-working family

man and, by all accounts, an extraordinary person. The portrayal

offered by plaintiff’s counsel, showed that he loved spending time

with his family, especially his wife. In contrast, the shooting has left

the plaintiff in a painful, disabled and dependent condition. Thus,

the case was resolved for $3 million without the necessity of trial.

$1,900,000 VERDICT – PREMISES LIABILITY – HAZARDOUS CONDITION – PLAINTIFF

DELIVERS CASES OF WATER TO DEFENDANT STORE WHEN DEFENDANT’S DELIVERY

RAMP COLLAPSES UNDER PLAINTIFF CAUSING HIM TO FALL TO GROUND –

ROTATOR CUFF TEAR – TOE FRACTURE – 2 SURGERIES.

Mobile County, AL

The plaintiff in this premises liability action

maintained that he suffered serious injuries that

required multiple surgical procedures when he

was delivering cases of water to the defendant

retail store and the delivery ramp collapsed under

the plaintiff causing him and his delivery cart to

fall to the ground. The defendant generally

denied all allegations of negligence and injury.

On April 20, 2019, the male plaintiff was delivery

cases of bottled water in the course and scope of his

employment to the defendant retail establishment lo-

cated on University Avenue in Mobile, Alabama. The

plaintiff was operating a half ton rolling cart on the

defendant’s backdoor delivery ramp when the ramp

gave way causing the plaintiff and the cart to fall to

the ground below.

The plaintiff maintained that the defendant retail es-

tablishment was negligent in failing to provide safe

and proper premises, failing to make proper inspec-

tions of the premises in general and the delivery

ramp specifically, failing to remedy the dangerous

condition and failing to warn of the dangerous and

defective condition. As a result of the incident, the

plaintiff suffered a torn rotator cuff, a broken toe, and

other permanent injures that required 2 surgeries and

left him needing intensive physical therapy. The de-

fendant retail store generally denied all allegations of

negligence.

The jury found in favor of the plaintiff determining that

the defendant did not properly maintain the

backdoor delivery ramp and awarding the plaintiff

damages in the amount of $1,900,000.

REFERENCE

Jason Agee vs. Dollar General Store. 03-09-23.

Attorneys for plaintiff: Brad Kittrell of Andy Citrin

Injury Attorneys in Daphne, AL.

COMMENTARY

The injured plaintiff’s attorneys were able to cite records from The

U.S. Occupational Safety and Health Administration that the defen-

dant company has been cited form than $15,000,000 in fines since

2017 due to safety violations at its stores around the country. The

violations have included exits blocked by boxes and merchandise,

along with fire hazards and other problems. Workers have com-

plained about conditions at stores.

$1,750,000 CONFIDENTIAL RECOVERY – HOMEOWNER’S NEGLIGENCE – PREMISES

LIABILITY – 70-YEAR-OLD HOUSE GUEST FALLS DOWN STAIRS DUE TO FAMILY DOG –

TRAUMATIC BRAIN INJURY – LEFT ORBITAL FRACTURE – NASAL BONE FRACTURE –

SEPTAL FRACTURE – FRACTURED ARM.

Withheld County, MA

In this premises liability case, the plaintiff alleged

that the defendant homeowners were aware that

their basement stairs were dangerous as others

had fallen and the family dog caused the plaintiff

to lose her balance and fall the length of the

stairs. The plaintiff suffered a traumatic brain

injury and multiple fractures which required

multiple surgeries. The defendant homeowners

denied any negligence and maintained that the

plaintiff was intoxicated at the time of her fall and

the fall was caused by her own negligence.

The 70-year-old female plaintiff was a houseguest at

the defendant homeowner’s house on Christmas Eve.

The parties had gone out to dinner and cocktails and

returned back to the defendant’s home where the

plaintiff was served additional cocktails. As the plain-

tiff was descending the basement stairs to bring up

her Christmas gifts for the family, the family dog

SUMMARIES WITH TRIAL ANALYSIS 7

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