A North Carolina auto repair facility and its franchisor have reached a $1.8 million settlement with an elderly man who fell into an open service pit.
The 84-year-old plaintiff suffered a brain hemorrhage and a brain injury from the fall. He had lived independently prior to the incident but now resides in an assisted living facility and requires around-the-clock memory care, his Raleigh, N.C.-based counsel Osborn Gambale Beckley & Budd wrote last month.
Partners and founders Justin Osborn and Joe Budd had “argued that the orientation of the shop floor and lack of adequate warnings violated OSHA and NC DOL regulations,” according to the firm.
“They also argued that the franchisee failed to follow the franchisors safety training and policies, specifically that customers were required to be escorted by staff members while on the bay floor. Surveillance footage showed their client was unaccompanied when he fell.”
The settlement was confidential, and the firm did not identify the specific case nor the defendant in its post Nov. 23. But the incident highlights the potential for auto body shops and other automotive concerns to be exposed under the concept of “premises liability.”