Congratulations to Nick Ellis on a successful verdict in Edgecombe County Superior Court of May 2025.
Case: Cruz v. Pitt
Defendant, a farmer in Edgecombe County, had an equipment shed that had been damaged by time and a recent hurricane. He decided to have the shed demolished and hired a local crew leader to take down the shed. The local crew leader hired the plaintiff as part of a four-person crew. Several parts of the tin roof had been blown off during the hurricane and the building was old and some wood was previously damaged.
Plaintiff worked on the roof of the shed for several hours and towards the end of the day when all of the tin roof had been removed, he fell 15’ to the ground. He fractured his pelvis, had surgery, and was hospitalized for a week.
Defendant contended the condition of the roof was open and obvious and so he was not negligent. And, Plaintiff admitted he was not using fall protection, that if he had he wouldn’t have struck the ground, that he smoke marijuana the night before and had balance issues cause by a prior injury, which all added up to a strong case on contributory negligence.
Jury verdict of “no negligence” in 28 minutes.
Plaintiff’s only demand was $750,000.
