Montgomery County
(27) TAMARA FAGG, Individually and as Mother and Next Friend of TARAMESHIA FAGG; and OLIVIA STEWART, Individually and as Mother and Next Friend of ERICA LANETTE FAULK vs. SOUTHLAWN COMMONS; SUMMIT HOUSING PARTNERS MANAGEMENT, LLC; SUMMIT HOUSING PARTNERS, LLC; WALTER DICKERSON (Circuit Court of Montgomery County, Alabama)
County/Docket #/Judge: Montgomery / CV-2010-901104 / Charles Price
Plaintiff(s) Attorney(s): W. Lewis Garrison, Jr., and Gayle L. Douglas of Henninger, Garrison, et al., LLC, Birmingham, AL
Defendant(s) Attorney(s): R. Austin Huffaker, Jr., and Robert C. Ward of Rushton, Stakely, et al., P.A., Montgomery, AL for Southlawn Commons, Summit Housing Partners Management, and Summit Housing Partners (Summit Defendants)
Age/Sex/Occupation Of Plaintiff: Tarameshia Fagg: 14 / F / n/a; Erica Faulk: 7 / F / n/a
Cause Of Injury: Premises Liability/Apartment Complex/Food Truck in Parking Lot Burns Minors. On Aug. 22, 2008, plaintiffs Tamara Fagg and her minor daughter Tarameshia Fagg lived at defendant Southlawn Commons, an apartment complex located in Montgomery, Alabama. Defendant Summit Housing Partners managed the property. Tarameshia Fagg and minor plaintiff Erica Faulk were severely burned when a pot of hot cooking grease fell on their faces and bodies. The pot had been in a mobile kitchen (food truck) operated by defendant Walter Dickerson in the parking lot of the apartment complex.
Plaintiffs claimed that the apartment complex defendants negligently and wantonly exposed residents and invitees to an unreasonable risk of harm by allowing an uninspected and unlicensed food truck to operate out of the Southlawn Commons parking lot in an unsafe condition. Plaintiffs further claimed that Dickerson was negligent and wanton in operating the food truck and allowing the hot grease to spill on the minors.
Nature Of Injury: Severe burns to faces, torsos and extremities requiring skin grafts and surgeries; medical expenses.
Expert Witnesses: n/a
Settlement: $465,000 on Nov. 15, 2011 (pro ami settlement between Erica Faulk and Summit defendants).