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Carolinas Verdicts

Find out about the most important recent North and South Carolina cases, selected by VerdictSearch editors. Coverage includes Gaston, Mecklenburg and Wake counties in North Carolina and Charleston, Horry and Richland in South Carolina.

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Nightclub security personnel were reckless, per plaintiff

Amount:

$1,073,224.07

Type:

Decision-Plaintiff

State:

South Carolina

Venue:

Richland County

Court:

Richland County, Court of Common Pleas

Injury Type(s):

leg-limp; leg-fracture, leg; other-plate; other-physical therapy; other-pins/rods/screw;s other-decreased range of motion; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type:

Premises Liability - Restaurant, Inadequate or Negligent Security

Case Name:

Eboni Billups v. Accurate Development WorkGroup LLC, Club EGO, Norman Harvin, Silverback Security LLC, Dennis Taylor and Angela Washington, No. 2013CP407116

Date:

January 11, 2017

Parties

Plaintiff(s):

Eboni Billups (Female, 23 Years)

Plaintiff Attorney(s):

Charles J. Brooks II; Law Office of Charles J. Brooks II; Columbia, SC, for Eboni Billups

Defendant(s):

Club EGO, 

Dennis Taylor, 

Norman Harvin, 

Angela Washington, 

Silverback Security LLC, 

Accurate Development WorkGroup LLC

Defense Attorney(s):

None reported; for Club EGO, Dennis Taylor, Angela Washington, Silverback Security LLC, Accurate Development WorkGroup LLC ■ G. Robin Alley; Isaacs and Alley; Columbus, SC, for Norman Harvin

Facts:

On Nov. 10, 2010, plaintiff Eboni Billups, 23, a convenience store clerk, was a patron at Club EGO in Columbia. A fight broke out while she was inside the nightclub. Billups was not involved in the fight, but was allegedly pushed out of the way by security personnel responding to the fight. She claimed she fell onto a table that then broke, resulting in a leg injury. Billups sued Club EGO, Silverback Security LLC (Silverback), and Silverback's owner, Dennis Taylor. Billups alleged that Club EGO was negligent for hiring Silverback. She also claimed that Silverback was negligent, had assaulted her, acted recklessly in responding to the fight, and was indifferent toward her when she was injured. Billups also sued property owners Accurate Development WorkGroup LLC and Angela Washington, as well as Club EGO owner Norman Harvin. The claims against these parties were dismissed and the case proceeded against Club EGO, Silverback and Taylor. Billups argued that Silverback's employees acted recklessly, causing her injuries. Billups also stated that Silverback's employees did not help her when she was clearly injured and instead treated her with contempt when she attempted to brace herself against one of the employees' vehicles. Silverback, Taylor and Club Ego did not answer the complaint and did not appear at the proceedings. As a result, Billups received a default judgment against these defendants.

Injury:

Billups was placed in an ambulance and transported to Palmetto Health in Richland, where she was diagnosed with fractures of her left leg. She was admitted to Palmetto for a total of 10 days, during which she underwent open reduction and internal fixation with the use of pins, rods, screws and a plate. Following her release from Palmetto, Billups was confined to her bed for about two months. During that time, she received in-home care and limited physical therapy. After two months, Billups began using a wheelchair and attending physical therapy on a more regular basis. She underwent months of physical therapy, as well. Billups claimed she may require multiple revision surgeries to address her leg injuries. She said she continues to suffer from pain and a diminution of range of motion in her left leg. She also said the injury has caused a partial limp, preventing her from running, or standing or walking for extended periods of time. Billups also said her injuries hinder her ability to perform daily and physical activities and to care for her children. Billups claimed she missed approximately 19 weeks of work totaling $5,434 in lost wages. In addition to lost wages, she sought $73,224.07 for past medical expenses and $500,000 for past and future pain and suffering, plus punitive damages.

Result:

Following a bench trial, the plaintiff was awarded $1,073,224.07, including $500,000 in punitive damages.

Eboni Billups:

$250,000 Personal Injury: Past Pain And Suffering; $250,000 Personal Injury: Future Pain And Suffering; $73,224 Personal Injury: Past & Future Medical Expenses and Lost Wages; $500,000 Commercial: Punitive Exemplary Damages

Trial Information:

Judge:

Jean Toal

Editor's Comment:

This report is based on information that was provided by plaintiff's counsel. The trial defendants were not represented by counsel and were not asked to contribute to the report.