Leak in atrium skylights causes fall, chronic pain – $1,100,000 Settlement

By Virginia Lawyers Weekly
Published: June 15, 2009

This premises liability/personal injury action arose out of a slip-and-fall accident that occurred at a large corporate office building. The plaintiff was injured while walking in the atrium on her way to her office. Unbeknownst to the plaintiff, water was on the floor where she fell.

The atrium area is covered in part by a large set of skylights. The skylights have leaked ever since the building was first constructed. The defendant hired various roofing contractors to repair the leaking skylights over the years, but was not able to solve the problem.

Plaintiff s liability experts were prepared to testify that the defendant was negligent for continuing to repair defectively designed skylights given that repeated repairs never successfully addressed the leaks. In their view, the defendant should have replaced the skylights altogether. In the alternative, the defendant was obligated to police the atrium area strictly for any signs of rain water. The defendants failed in each respect.

Weather reports indicated that significant rain (approximately 6 inches) fell during the weekend leading up to plaintiff’s fall. Plaintiff arrived at work at 6:45 the morning of the fall. No warning signs, cones or tape were in place. Plaintiff proceeded into the atrium and slipped and fell as she approached the entrance to the stairs that she used to get to her office.

The defendant argued that the plaintiff was contributorily negligent for failing to see the water on the floor prior to her fall. They also argued that there was no proof that the roof leak resulted in the water that caused her fall since the rain had stopped and there were no witnesses to how the water got onto the floor. Plaintiff was knocked unconscious as a result of the fall and did not recall why she fell.

Plaintiff underwent two spine fusion surgeries. The cervical fusion surgery was largely successful in resolving her neck and shoulder pain, but her lower back pain has persisted. She has received numerous steroid injections in an effort to help with her chronic back pain and it appears that additional fusion surgery is likely.

Total damages (past and future) amount to $545,686.18. Plaintiff’s damages were hotly contested by the defense. The defendant identified two damages experts – a neurosurgeon and a neuropsychologist. The neurosurgeon blamed most of the plaintiff’s damages on her extensive pre-existing medical history which included prior cervical fusion, chronic back and neck pain, fibromyalgia and 18 years of chiropractic treatment.

The neurosurgeon also contended that the plaintiff was magnifying her symptoms. The neuropsychologist agreed that the plaintiff sustained a mild concussion, but opined that it resolved with no significant residuals. Plaintiff is back to work in her former position and has a one-hour commute daily.

The case was resolved roughly one week prior to trial.

[09-T-079]

Type of Action: Personal injury/premise liability
Injuries Alleged: Cervical sprain superimposed on pre-existing degenerative disc disease requiring fusion surgery, lumbar sprain superimposed on pre-existing degenerative disc disease requiring fusion surgery, contusion of the posterior head, contusion of the right hip, concussion/traumatic brain injury, traumatic headaches, occipital neuralgia, trigeminal neuralgia, chronic pain and depression
Court: Fairfax County Circuit Court
Special Damages: Past medical expenses – $223,294.04; future medical expenses – $271,790.54; Past wage loss – $50,601.60
Verdict or Settlement: Settlement
Amount: $1,100,000
Date: April 8, 2009
Attorney for Plaintiff: Jason W. Konvicka, Richmond

Virginia Lawyers Weekly

Leak in atrium skylights causes fall, chronic pain – $1,100,000 Settlement

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