Daphne restaurant ordered to pay $1M to Spanish Fort woman

Posted 10/13/10

DAPHNE, Ala. — A jury awarded a Spanish Fort woman $1.79 million in the retrial of Davis v. O’Charley’s Inc.

On Aug. 10, 2006, Linda Davis, 59, claimed she slipped and fell at the O’Charley’s location in Daphne, and she stated the fall …

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Daphne restaurant ordered to pay $1M to Spanish Fort woman

Posted

DAPHNE, Ala. — A jury awarded a Spanish Fort woman $1.79 million in the retrial of Davis v. O’Charley’s Inc.

On Aug. 10, 2006, Linda Davis, 59, claimed she slipped and fell at the O’Charley’s location in Daphne, and she stated the fall caused injuries to her leg and hip. In a unanimous verdict, a jury awarded Davis $1.5 million in punitive damages and $293,000 in compensatory damages.

“This was a classic case of corporate neglect,” attorney Robert Mitchell said. “Thankfully, the jurors were courageous enough to use their verdict as an opportunity not only to compensate Linda for her injury, but to protect others in the future.”

Davis had numerous surgeries since the fall, Mitchell said.

“There are no other surgeries planned. I think two is quite enough,” Davis said a few days after the verdict was announced. “This has been very devastating and life-altering experience for me and my family.”

O’Charley’s company representatives did not wish to comment on the matter as of press time.

“I cannot comment on the case because it’s dealing with litigation,” said Caroline Pryor, O’Charley’s attorney for the case.

She also said she couldn’t comment on whether O’Charley’s would appeal the decision.

The case was tried in May, but it ended in mistrial when the jury decided 10-2 in favor of Davis. For civil trials in Alabama, the verdict must be unanimous.