7/2/2007 - Another Defense Verdict for O'Charley's
On June 29, 2007, Neal Moore obtained another defense verdict for O'Charley's in a premises liability case tried in Jefferson County, Alabama. The plaintiff claimed injuries to her neck and shoulder resulting from a fall in the restaurant. The plaintiff's dining companion testified that she witnessed a server at O'Charley's spill water and ice in the area where the plaintiff fell. The plaintiff saw several doctors in the course of her treatment and the MRI of her spine confirmed several disc herniations, consistent with her complaints of pain.
However, the plaintiff's testimony and that of her companion were inconsistent, and the evidence that an employee of the restaurant created a hazard appeared incredible following cross examination. Moreover, the medical history of the plaintiff created doubt as to the cause of her neck and shoulder problems, and also provided grounds to argue the plaintiff was a malingerer.
According to the judgment, the plaintiff failed to carry her burden regarding both liability and causation. This case demonstrates the necessity of preparing for trial from the initial investigation. Congratulations to O'Charley's for another win!
