Larrimore v Dillard’s Dept Store (NC Industrial Commission)

The Plaintiff suit salesman for Dillard’s was walking down a stopped escalator in the Store before it opened to the public. Unknown to him, a escalator repairman opened the escalator repair pit at the bottom of the stairs without proper warning to users of the escalator. The repairman left the pit unattended. Plaintiff fell into the pit suffering severe injury and permanent disability as a result. The store failed to use safety gates and other safety devices required by OSHA. Plaintiff was awarded an increase in his weekly benefits based upon the store’s willful violation of a safety statute designed for his protection. He was also awarded continued medical compensation including medical expense for dental treatment resulting from a side effect from his extensive pain medication. The Department store appealed this decision and the Full Commission affirmed the earlier Award.