NC Supreme Court Ruling Sends Landfill Death Suit Back to Court

GREENSBORO, N.C. - April 8, 2014 - PRLog -- SHELBY, NC – In 2010, T.K., a 24-year-old temporary employee at the Cleveland County landfill in Shelby, North Carolina was hit by a trash compactor weighing in at 40 tons. His legs and pelvis were crushed and he died en route to the hospital. Since her son was killed, S.G. has been pursuing a wrongful death suit against Cleveland County, seeking damages for her son and an explanation for what happened. On March 7, a N.C. Supreme Court ruling determined that the case will be again going to court as early as December. “We have been fighting them,” S.G. told The Shelby Star. “They took it to the (state) Supreme Court. They ruled on it and reversed the order. We have won.

After four years and a month, we are coming to take them to court.” Back in March of 2012, a trial court dismissed the case but in December of that same year, the N.C. Court of Appeals reversed that decision. According to James Roan, a Greensboro attorney representing S.G.’s claims, he said that the county then appealed the case to the N.C. Supreme Court. “They got seven law firms to try to support them in this appeal, almost all of the largest firms in North Carolina,” said Roane. “So we went to the Supreme Court and argued the case. And the Supreme Court decided last Friday that we win. The court of appeals decision is affirmed. So we’re coming back to Cleveland County to litigate the case and continue fighting.”

“I would guess this case would be tried in Cleveland Count in December or January of next year,” said Roane.  S.G.’s wrongful death case is alleging negligence on the part of the county in the death of her son. The attorney representing the county, Bill Bulfer said that if the plaintiff ultimately prevails, then they will ask the jury to award money in compensation for her loss.  Bulfer said that it was their position that the county and the driver of the compactor were not responsible for her loss. “So ultimately, what it comes down to is whether anybody did anything wrong,” he said.  B.P. was the one driving the compactor. Although S.G. filed a complaint against B.P. in 2011, when she found out the county did not have government immunity, she chose to sue the county, Roane said.

Roane said that he hopes this case will bring justice for the victim and his family, and that the case will ensure that something like this never happens again. According to Roane, the landfill has had problems prior to T.K.’s death with trash compactors running into each other as a result of improper equipment and faulty cameras. Roane said that another issue involved compactors working outside of designated areas.  Roane previously told The Star that if his client wins the case, it would be a high-dollar settlement. “The final thing for us, Cleveland County has brought a lot against this poor lady. To get all these law firms to help them to fight her is scary. The government is supposed to work for us,” he said. “To have them all essentially gang up against S.G. is an abuse of power or, at minimum, bullying.”

S.G. had to fight for two years after the county appealed to the state supreme court. Roane said that she’s been taking on the world and fighting the world and winning so far. “She will never give up and I won’t either.” James Roane practices personal injury law at Roane Law located in Greensboro, North Carolina. James Roane is AV® Rated by Martindale-Hubbell®, in 2007 “Legal Elite” named him top attorney in North Carolina under 40, and he has a 10.0 Superb Avvo Rating. Roane is selected to North Carolina’s Super Lawyers® and his firm is accredited by the Better Business Bureau. To arrange a free consultation with Attorney Roane regarding your personal injury case, please call (336) 790-5194 or visit the firm’s website online at http://www.roane-law.com.