$1.79 Million Verdict for Woman Over Slip and Fall Injury in Restaurant

Davis V. O’Charley’s, Inc.

On September 29, 2010, a jury awarded a local woman $1.79 million in the retrial of Davis v. O’Charley’s, Inc., a slip and fall case against O’Charley’s Corporation. Attorneys Robert Mitchell and Brian Duncan successfully proved that the management of the O’Charley’s Restaurant in Daphne, Alabama was aware of a hazardous area in the restaurant where numerous guests and employees slipped and injured themselves, but did nothing to correct the hazard. In its verdict, the jury awarded $1.5 million in punitive damages and $293,000 in compensatory damages.

On August 10, 2006, Linda Davis suffered severe injuries to her hip and leg due to a fall at the Daphne location of O’Charley’s. Mrs. Davis underwent multiple surgeries, including the placement of a titanium rod into her femur. Mrs. Davis’ orthopedic surgeon testified during the trial that she is permanently impaired as a result of the fall. He also testified that the injuries she suffered at O’Charley’s have limited her every day activities, thus affecting her quality of life.

“We are pleased that Linda Davis will finally receive the compensation she deserves. Even more importantly, this case confirms that the management of a public entity, such as O’Charley’s, cannot be aware of, and continually ignore, a dangerous situation for guests and employees without consequences,” said Mr. Mitchell. “We hope that O’Charley’s will now make the necessary changes to insure that no other guests or employees are hurt as a result of the company’s negligence in any of their restaurants.”

The case of Davis v. O’Charley’s was previously tried in May, 2010. It ended in a mistrial when the jury deadlocked; 10 to two, in favor of Mrs. Davis.