Dive summary:
- A state appeals court overturned a trial court's ruling to dismiss a wrongful death claim against Cleveland County, N.C., last year when a trash compactor killed a 24-year-old temporary employee.
- At first the mother of the boy, Sheila Gregory, sued Barry Pearson, the driver of the trash compactor, instead of the landfill because they thought they landfill was protected by government immunity.
- Because the landfill makes millions of dollars a year they can be sued, so in addition to the $50,000 the family received from workers compensation, they plan to get another settlement from the landfill.
From the article:
If Gregory wins the case, it would be a high-dollar settlement, Roane said.
“They received about $50,000 from workers compensation,” he said. “The workers compensation would be repaid and come out of the settlement.”
The settlement comes out of a risk pool where money is pulled together by the county to pay for claims. It does not come straight from the county, Roane said.
“We aren’t allowed to disclose the amount due to a North Carolina law that was changed 15 years ago,” Roane said. “We are only allowed to plead in excess from $10,000. It was a 24-year-old kid that died though, so it will be substantial.” ...
