Virginia Lawyers Weekly

A Richmond slip-and-fall plaintiff last month scored a $1.3 million verdict in a case alleging failure to clear snow and ice from a business parking lot. According to plaintiff’s lawyer David Epperly, it may be the second highest slip-and-fall verdict in Richmond Circuit Court. Epperly himself holds the record at $1.5 million.

According to Epperly’s Verdict & Settlement Report in Bagley v. EWC, LC, the plaintiff truck driver aggravated a preexisting back condition, including a calcified, herniated disc, when he fell on the ice. At trial, the defendant challenged both liability and damages.

The plaintiff’s medical bills were just under $25,000. The defendant’s medical expert opined that the plaintiff should have recovered to his prior condition after six months. The plaintiff’s doctor, however, told the jury that the plaintiff had permanent pain and could no longer work. Epperly says that he presented evidence of past and future lost earnings exceeding $562,000.
Epperly says that he demanded $900,000 prior to trial and was told that the top offer was $165,000. The jury took just 23 minutes to bring back a verdict of $1,324,561.

Defense attorney Henry Massie said that he was expecting instructions from his client to appeal. He noted that his plea of the workers’ compensation bar was overruled by Judge Melvin Hughes two months before trial (VLW 008-8-093).

Massie was complimentary of Epperly’s advocacy. “He did a good job, he got a good verdict, and I hope that we appeal,” he said.

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