A woman who tripped and fell over an uneven, raised brick paver at a Mount Pleasant restaurant has settled her personal injury claim for $1.7 million.
The woman, Margot Sapone, fell on March 12, 2019, as she was leaving the IHOP on Highway 17 and was taken to the hospital for immediate treatment, her attorneys said. Clayton McCullough and Ross Appel of McCullough Khan Appel in Mount Pleasant said that the fall created ongoing back problems that required surgery.
“She had significant complications associated with her oxygen levels following surgery that required her to stay in the hospital for longer than anticipated and subsequent in-patient rehabilitation,” McCullough said. “She continued to have numbness in her legs and trouble walking, even after the surgery.”
McCullough said that Sapone’s medical bills were approximately $500,000.
Appel said that he is thrilled about the “excellent settlement,” adding that plaintiff uncovered in discovery a corporate inspection report, dated approximately one year before the incident, identifying the raised paver as a “trip toe hazard.”
“This smoking-gun evidence of actual notice prior to the fall was a huge factor in resolving this case on such favorable terms,” Appel said.
McCullough added that the case involved years of discovery and negotiations.
“There were different layers of insurance coverage that were impacted that made the process more complicated,” McCullough said. “We were very happy with the settlement.”
The defendants were represented by Summers Clarke of Barnwell Whaley in Charleston, among others. Clarke did not immediately respond to a request for comment.
SETTLEMENT REPORT—PERSONAL INJURY
Amount: $1.7 million
Injuries alleged: Back injuries requiring surgery
Case name: Margot Sapone v. Majid Farshchi, Class Two Management, IHOP Property, et al.
Court: Charleston County Circuit Court
Case No.: 2019-CP-10-3812
Mediator: Richard Hinson of Florence
Date of settlement: July 5
Most helpful experts: Dr. Todd Lansford (treating physician) of North Charleston
Attorneys for plaintiff: Clayton McCullough and Ross Appel of McCullough Khan Appel in Mount Pleasant
Attorney for defendant: Summers Clarke of Barnwell Whaley in Charleston, among others