Jean Tarry was traveling in 2012 with her family through North Carolina after vacationing in Florida. The family stopped at Arby’s in Charlotte. Tarry walked in the restaurant and down the hall towards the woman’s restroom. When she turned the blind corner, the door of the men’s restroom flung open and Tarry was knocked into the wall and to the floor.
According to one of Tarry’s attorneys, Hunt Willis of Martin and Jones in Raleigh, Tarry suffered a fractured elbow and hip, which required extensive surgeries. She is now confined to a wheelchair.
Tarry had been on the 1936 Canadian National swim team and was still an avid swimmer before the accident occurred.
“Jean Tarry, a member of the 1936 Canadian National swim team, and a Word War II veteran who drove ambulances in London during the war, was enjoying her life and spending time with her family,” Willis said. “She swam laps several times a week and walked daily. After her injuries, she will be wheelchair bound for the remainder of her life. This corner was a hazard, and Ms. Tarry, as well as other customers, should have been warned about the danger.”
According to Willis, the Arby’s manager told Tarry and her family that that door was “a problem.” Willis said there were no warning signs in the restaurant hallway.
The jury awarded Tarry $250,325. Willis said her medical bills came to around $80,000, and the highest offer prior to trial was for $35,000.
Calls to the defense attorneys were not returned by press time. The defendants have appealed the verdict.
Type of action: Premise liability, negligence
Injuries alleged: Fractured elbow and hip
Name of case: Jean Tarry v. Brumit Restaurant Group, WTH Times & Times Oil Corporation
Case Number: 13 cvs 11606
Court: MecklenburgCounty Superior Court
Judge: H. William Constangy
Attorneys for plaintiffs: Hunt Willis and H. Forest Horne of Martin & Jones, Raleigh
Attorneys for defendants: Ryan Bolick of Cranfill, Sumner & Hartzog, Charlotte; William Robinson of Robinson, Elliott & Smith, Charlotte
Highest offer: $35,000
Amount of verdict: $250,325
Date of verdict: July 28