Brown V. Tg Automotive Sealing Kentucky, Llc

Case Background

On February 21, 2022, Ricky Brown filed a premises liability case against TG Automotive Sealing after he slipped and fell backward on the ice-covered premises.

The case was first filed in Christian County Court. TG Automotive Sealing then moved it to the United States District Court, Kentucky Western (Paducah). The slip and fall case was assigned to Chief Judge Greg N. Stivers and referred to Magistrate Judge Lanny King.

Cause

Ricky Brown, then 64 years old, worked as a truck driver for Reliable Carriers. He regularly picked up auto parts from TG Automotive Sealing in Hopkinsville and transported them to the Honda plant in Lincoln, Alabama. Brown was notably morbidly obese, weighing 350 pounds at the time, which became significant in the ensuing litigation.

On February 12, 2021, a winter storm affected the area. Brown arrived at TG Automotive to find the parking lot icy, describing it as a “virtual skating rink.” He had been there the day before and noticed similar conditions. Despite being aware of the slippery surface, he proceeded with his routine, which involved parking, checking in, and waiting to be loaded.

After completing his check-in, Brown stepped outside and began walking down the stairs. As he approached the bottom, he turned and stepped backward to grasp the railing, attempting to navigate the icy lot. Suddenly, he slipped and fell backward, landing hard on his back.

Initially, Brown struggled to get up and called for help, but no one responded. In desperation, he dialed 911 from the icy ground. Emergency services soon arrived, and he was taken to a local emergency room.

Injury

Brown, who had no previous history of back pain, experienced debilitating radiating pain due to an L4-5 disc injury, caused allegedly due to the slip and fall. An MRI confirmed this injury. The evidence indicated that this degenerative condition had become a disabling issue for him.

Damages

The Plaintiff’s injuries resulted in multiple damages. He suffered mental and physical pain and suffering, both temporary and permanent after the slip and fall incident.

His ability to work and earn income was also temporarily and permanently impaired, which the jury will assess for compensation. Additionally, he incurred expenses for hospital, medical, and rehabilitation services, with future costs expected as well. Furthermore, he lost the ability to lead and enjoy a normal life, leading to further damages to be evaluated by the jury. Finally, he experienced lost wages along with diminished wage-earning capacity, with these losses being either permanent or ongoing.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ricky Brown | Gallagher Bassett Services, Inc. (Intervenor Plaintiff)
    • Counsel for Plaintiff(s): John Smith | Lauren E. Marley | Preston P. Cahill | Catherine C. Dugan | Elizabeth M. Hahn
    • Experts for Plaintiff(s): Dr. Ryan Snowden | Alan Bartley
  • Defendant(s): TG Automotive Sealing Kentucky, LLC
    • Counsel for Defendant(s): Michael S. Jackson | Robert D. Bobrow | Robert Estes Stopher | Joshua Francesco Waldrop
    • Experts for Defendant(s): Dr. Jay Jolley

Claims

In this slip and fall lawsuit, Brown claimed that TG Automotive was negligent for not clearing snow and ice from the parking lot. He pointed out that the company had removed snow from the employee parking area but had neglected the section used by drivers.

Defense

TG Automotive in its response regarding liability argued that the icy conditions were open and obvious to Brown. He had already walked over the ice before he fell. Additionally, Brown faced blame for walking down the stairs backward.

The defense also sought to reduce damages. It claimed that Brown’s disc injury stemmed from pre-existing degenerative conditions. Furthermore, TG Automotive faced a mitigation charge regarding lost wages. The defense contended that Brown could have mitigated his lost wages by losing 100 pounds, which would have allowed him to undergo the necessary repair surgery.

Expert Testimony

Brown’s orthopedic expert witness, Dr. Ryan Snowden from Nashville, stated that a laminectomy repair surgery would significantly relieve Brown’s pain. Since the incident, Brown had not worked, resulting in lost wages of $487,183. Economics expert witness Alan Bartley, a professor at Transylvania University, detailed this amount.

In contrast, the Defendant’s independent medical examiner, Dr. Jay Jolley from Chattanooga, TN, claimed that Brown had only experienced a temporary soft-tissue injury.

Intervening Complaint

On August 22, 2022, Intervening Plaintiff Gallagher Bassett Services Inc. (“Gallagher Bassett”), through an intervening complaint, stated its cause of action against TG Automotive Sealing Kentucky, LLC. Gallagher Bassett incorporated the allegations from Ricky Brown’s Complaint against the Defendant as if fully stated. On the date of the accident, Brown was an employee of Reliable Carriers Inc. in Manchester, TN, and was working within the scope of his employment.

Following his injury, Brown sought medical treatment from local providers. Reliable Carriers Inc. had active workers’ compensation coverage through Gallagher Bassett on the accident date, ensuring benefits for employees. As of the filing date, Gallagher Bassett had paid Brown $68,236.80 in indemnity and $23,260.39 in medical expenses, with additional payments anticipated. Under Tenn. Code Ann. § 50-6-112, Gallagher Bassett sought to recover these amounts from the Defendant. Since this claim fell under the Tennessee Workers’ Compensation Statute and Brown received treatment in Tennessee, the Plaintiff asserted that Tennessee subrogation law should apply.

Alternatively, Gallagher Bassett claimed entitlement to recover under Kentucky Revised Statutes 342.700. Ultimately, Gallagher Bassett requested the Court to declare its subrogation lien against any recovery Brown made from the Defendant and to apportion a reasonable attorney’s fee between the attorneys for both parties.

Jury Verdict

The slip and fall case lasted four days in trial. On August 9, 2024, the jury deliberated for four hours before returning a verdict in Brown’s favor. The liability instruction asked whether TG Automotive had failed to provide safeguards against ice-related injuries, as a reasonably prudent business would. The jury answered “yes” in favor of Brown. However, the jury also found Brown at fault. They assessed comparative fault, assigning 51% to TG Automotive and the remaining percentage to Brown.

Next, the jury considered damages. Brown claimed $23,590 for his medical expenses. He also reported lost wages amounting to $95,526. Additionally, the jury awarded him $115,606 for pain and suffering. In total, the raw verdict amounted to $234,723.

On August 28, 2024, United States Chief District Judge Greg N. Stivers issued a judgment in favor of Plaintiff Ricky Brown against Defendant TG Automotive Sealing Kentucky, LLC.

According to the agreement between the Plaintiff and Intervening Plaintiff, Defendant was required to satisfy the jury verdict by making specific payments.

  • First, Defendant would pay $28,109.80 to the Intervening Plaintiff, Gallagher Bassett Services, Inc.
  • Second, Defendant would pay $91,599.23 to Plaintiff Ricky Brown and his attorneys at Morgan & Morgan.

Court Documents:

Available upon request