Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Personal injury – premises liability
Injuries alleged: Fractured elbow
Court: United States District Court, Eastern District of Virginia
Special damages: Approximately $150,000 in medical bills
Verdict or settlement: Settlement
Amount: $450,000
Attorneys for plaintiff (and city):
Kyle McNew and Greg Webb, Charlottesville
Description of case: The plaintiff was a guest at a hotel. At the front entrance, there was a stone-and-mortar floor. An area of mortar had degraded and crumbled away. As the plaintiff was walking through the front door, her toe caught on the stone exposed by the degraded mortar and she fell with most of the force concentrated on her elbow. The resulting fracture required a total elbow replacement and extensive therapy. The case resolved following a settlement conference conducted by one of the magistrate judges of the Eastern District.
[021-T-130]
