South Carolina Lawyers Weekly
A woman who broke her ankle after entering a lazy river at a Myrtle Beach resort is set to receive $775,000 in compensation for her injuries.
According to court records, Patricia Holland was staying at the Dunes Village Resort in Myrtle Beach when she decided to enter the resort’s indoor lazy river. As she descended the steps into the river, Holland slipped and broke her ankle. Surgery was required to address her injuries.
On Jan. 12, 2015, Holland filed a federal lawsuit against Pan American Properties and Pan American Vacations Management, the owners and operators of the Dunes Village Resort, alleging that the company failed to properly maintain the stairs leading into the lazy river.
Holland claimed stairs suffered from inadequate tread depth, tread angle, tread nosing, and/or tread surface material.
As the case moved forward, Holland’s attorney, Christopher McCool of the Joye Law Firm in Charleston, made the case that the steps violated code requirements and were dangerous. Another key point of contention in the case was whether resurfacing or the initial construction of the steps was the source of their allegedly unsafe condition.
The two sides agreed to settle the case for $775,000 on Dec. 29, 2016.
McCool was not immediately available for comment.
Attorneys for the defendants could not be reached for comment.
SETTLEMENT REPORT — CIVIL PREMISES LIABILITY
Amount: $775,000
Injuries alleged: Broken ankle requiring surgery
Name of case: Holland v. Pan American Vacations Management, et.al.
Court: U.S. District Court – Florence Division
Tried before: Mediation
Judge: R. Bryan Howell
Special damages: $63,372.60 in medical bills
Date of Settlement: Dec. 29, 2016
Insurance carriers: First Financial Insurance Company; First Specialty Insurance; Endurance American Specialty; Nautilus Insurance Group
Attorney for plaintiff: Christopher McCool of the Joye Law Firm in Charleston
Attorneys for defendants: Elbert Dorn of Nexsen Pruet in Myrtle Beach; Christy Mahon of Sweeny, Wingate & Barrow in Columbia; Brian Robinson of Bruner Powell Wall & Mullins in Columbia; Val Stieglitz of Nexsen Pruet in Columbia; and Bonum Wilson of Wilson & Heyward in Charleston
