Chappell, Smith & Arden is happy to announce that a Richland County jury returned a verdict for $2,136,950.00 in favor of one of our minor clients the evening of September 12, 2022. Two of our partners – Mark Chappell, Jr. and Jacob Born – represented our client at trial and tried her case. The jury’s verdict was for $1,386,950.00 in actual damages and $750,000.00 in punitive damages. The last offer from the Defendant before trial was $150,000.00.
This case arose out of a 15 month old toddler sustaining second and third degree burns to her feet after encountering an uncoated metal plate that was installed in the sidewalk of an apartment complex in Columbia, South Carolina. Our client unfortunately suffered permanent nerve damage and developed a neuropathic pain syndrome – known as CRPS – as a result of her burn injuries. Our 15 month old client was burned on August 1, 2015. After seven years of medical treatment, she has not fully recovered from her injuries and requires future medical care for the rest of her life.
At trial, the apartment complex and their attorney denied responsibility for our client’s injuries. The Defendant claimed they were not responsible since the uncoated metal plank was up to code. The apartment complex also argued they should not be held liable because no one had been burned by the uncoated metal plank in the past and they never received any citations from local building inspectors. This corporate defendant even blamed our client’s mother and aunt in claiming they failed to supervise our infant client.
Our focus at trial was the apartment complex’s ongoing failures in complying with South Carolina law and training their employees. South Carolina law requires that all landlords maintain common areas in a reasonably safe condition. In 2005, Richland County Council adopted the International Property Maintenance Code (or IPMC), which requires that all sidewalks be free of dangerous hazards. Our case at trial was twofold. During cross examination of the apartment complex’s corporate representative, asset manager, and chief inspector, we were able to establish that the Defendant failed to appropriately train their employees because they had never heard of the IPMC. All three of these witnesses admitted they were unaware of this important safety rule. The chief inspector also admitted in front of the jury that he had never looked for thermal hazards during his inspections. To compound their problems, the corporate defendant admitted that the uncoated metal plate was still in the same condition as it was 7 years earlier. The apartment complex never took any steps to correct or fix the uncoated metal plate.
Through expert and fact witness testimony, we were able to illustrate and show the jury that the uncoated metal plate would be exposed to direct sunlight and reach potentially dangerous temperatures. Our expert metallurgist and engineer explained to the jury that his temperature readings of the uncoated metal plate reached temperatures as high was 157 degrees. He also testified that the metrological data from August 1, 2015 showed that the temperatures were likely higher when our client was burned and the uncoated metal plate was likely hotter than 157 degrees. Our expert also used authoritative engineering safety standards to establish that at 157 degrees the uncoated metal plate could burn human skin in less than two seconds. These same standards also confirmed that the metal plate was hazardous and violated South Carolina law and the International Property Maintenance Code.
A large component of our trial presentation was devoted to showing how our client’s burn injuries changed her life. The jury heard testimony from the trauma surgeon that performed skin grafting procedures on both of her feet. Our client’s board certified pediatrician and pediatric neurologist also provided testimony for the jury so they understood the extent of her injuries. Because our minor client’s injuries were permanent, we also retained an expert life care planner and economist that testified at trial.
After 5 full days of trial, the Richland County jury ultimately held the apartment complex responsible for our client’s injuries. Our attorneys asked the jury to deliver justice to our 15 month old client by rendering a full verdict. We are happy to report that the money from the verdict will be invested in a special needs trust for the benefit of our minor client. The monetary funds will be used in the years to come for her medical treatment and care and hopefully for her college tuition one day. Our attorneys would like to thank the jury for holding the corporate defendant responsible for their conduct and delivering justice to our deserving client.