Trial News

As Doe, 90, was walking to the front entrance of an IHOP restaurant, she fell on a cracked sidewalk and suffered a fractured left hip and wrist, skin tears, and a head contusion. After surgery and months of physical and occupational therapy, she was unable to continue living alone and moved in with one of her children.

Doe claimed that the IHOP’s franchisor was liable for negligent repair of the sidewalk and failure to warn of the sidewalk’s defect. The claimant argued that instead of beveling down the sidewalk crack, the defendant had attempted to repair it with a white tacky substance, which made the crack uneven and more hazardous.

The defense argued that Doe had been contributorily negligent.

The parties settled for $200,000 before suit was filed.

Citation: Doe v. Roe Franchisor, settled before filing, May 2020.

Claimant counsel: Shannon Altamura, Asheboro, N.C.

Claimant expert: Michael Whitley, accident reconstruction, Cary, N.C.