--- title: "Taco Bell Manager Awarded $342,983.31 in a Trip and Fall Lawsuit Against Total HVAC LLC" meta: "og:description": "TN jury awards $342,983.31 in a trip and fall lawsuit against Total HVAC for negligence in fitting the screw of the floor drain of a Taco Bell" "og:title": "Taco Bell Manager Awarded $342,983.31 in a Trip and Fall Lawsuit Against Total HVAC LLC" description: "TN jury awards $342,983.31 in a trip and fall lawsuit against Total HVAC for negligence in fitting the screw of the floor drain of a Taco Bell" --- September 4, 2024 # **Taco Bell Manager Awarded $342,983.31 in a Trip and Fall Lawsuit Against Total HVAC LLC** TN jury awards $342,983.31 in a trip and fall lawsuit against Total HVAC for negligence in fitting the screw of the floor drain of a Taco Bell [**Negligence and Malpractice**](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/jury-verdict/category/negligence-and-malpractice) [**Personal Injury and Torts**](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/jury-verdict/category/personal-injury-and-torts) [**Premises Liability**](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/jury-verdict/category/premises-liability) [**Negligence**](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/jury-verdict/category/negligence) [**Personal Injury**](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/jury-verdict/category/personal-injury) ### **Outline** Author ![](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/_ipx/q_80/user-default.svg) **Nishica Srivastava** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/default_1.webp) ## Heather Davis vs Total Group LLC (et. al) ### Case Background On August 26, 2019, Heather Davis filed a [personal injury](https://jurimatic.com/category/personal-injury-and-torts/) case against Total Group LLC F/N/A Total HVAC LLC alleging negligence. The trip and fall lawsuit was filed before the [Circuit Court for Maury County, Tennessee](https://www.maurycounty-tn.gov/206/Circuit-Court). Judge Caleb Bayless presided over this case. [Case number: 60CC1-2019-CV-16600] #### Cause On October 21, 2018, Heather Davis, an assistant manager, was working at Taco Bell. While performing her duties, she walked from one part of the kitchen to another, doing her prep work. Davis wore non-slip shoes for safety. As she moved through the kitchen, her shoe snagged on a screw protruding from a drain in the floor. This caused her to fall backward. In this lawsuit, Davis held Total HVAC responsible for the incident since about a month prior, Total HVAC had serviced and unclogged the drain where Davis later tripped. #### Injury Davis suffered a "Jones" fracture in her foot. She underwent two surgeries to address the injury. The first surgery aimed to repair the fracture and insert a large screw. Following the initial procedure, Davis could not bear weight and missed 3.5 months of work. After physical therapy, she had a second surgery 11 months later to remove the hardware from the first operation. Despite these treatments, Davis still reported ongoing pain in her foot. #### Damages If Davis won at trial, she sought compensation for medical bills, lost wages, and non-economic damages. She did not allege negligence by herself, her employer, or any other party. The case was a straightforward all-or-nothing negligence claim, solely against Total HVAC. ### Key Arguments and Proceedings #### Legal Representation - **Plaintiff(s):**Heather Davis - **Counsel for Plaintiff(s):**Carrie LaBrec | Jenney Keaty | Lindsay Cordes - **Defendant(s):**Total Group LLC F/N/A Total HVAC LLC - **Counsel for Defendant(s):**Britton J. Allan #### Claims Davis claimed that the drain cover and screw were not properly secured. They should have been flush with the floor. Evidence showed that only Total HVAC had any involvement with the drain. #### Defense Total HVAC denied responsibility and claimed it had properly replaced the drain after completing the repair work. The company argued that if a defect in the drain cover appeared in the following month, it was not due to their actions. In response, Davis argued that there was no evidence of any other event that could have loosened the drain cover. ### Jury Verdict The trip and fall lawsuit was tried in Columbia over two days. On January 12, 2024, the Tennessee jury returned the verdict in favor of the Plaintiff. The jury affirmed Total HVAC's negligence and confirmed that Davis had sustained an injury because of it. Next, the jury considered damages which are detailed as follows: - Past medical expenses: $32,983.31 - Physical pain - past: $25,000 - Physical pain - future: $25,000 - Mental anguish and suffering - past: $25,000 - Mental anguish and suffering - future: $25,000 - Loss of enjoyment of life - past: $50,000 - Loss of enjoyment of life - future: $50,000 - Permanent injury: $100,000 - Lost wages: $10,000 The total damages awarded came up to $342,983.31. #### Court Documents: [Complaint](https://juryverdicts.net/DavisHeCom.pdf) [Verdict](https://juryverdicts.net/DavisHeJV.pdf) [Share with Facebook](https://www.facebook.com/sharer/sharer.php?u=https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc) [Share with X](https://x.com/intent/post?url=https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc&text=x) [Share with LinkedIn](https://www.linkedin.com/sharing/share-offsite/?url=https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc) [Share with Email](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/mailto:?body=https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc&subject=email) [Share with WhatsApp](https://api.whatsapp.com/send?text=https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc%20whatsapp) ### **Find your next Expert Witness today** ![Sanjay Adhia](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/_ipx/q_80/user-default.svg) ###### **Sanjay Adhia** Forensic Psychiastry ![George Reis](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/_ipx/q_80/user-default.svg) ###### **George Reis** Forensic Imaging ![Maria Babinetz](https://exlitem.com/jury-verdict/taco-bell-manager-awarded-342983-31-in-a-trip-and-fall-lawsuit-against-total-hvac-llc/_ipx/q_80/user-default.svg) ###### **Maria Babinetz** Vocational Rehabilitation Find and retain experts without brokerage or upcharge. ### Looking for more? 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