Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Personal injury
Injuries alleged: Fractured right foot
Special damages: $14,000 in past medical bills; $6,000 in future costs; $9,000 in lost wages
Offer: $15,000
Verdict or settlement: Settlement
Amount: $90,000
Attorney for plaintiff (and city): James S. Abrenio, Fairfax
Description of case: On Feb. 20, 2020, the plaintiff, a floral designer, was invited to a bridal show as a preferred vendor at a local wedding venue. Upon arrival, an employee at the wedding venue provided the plaintiff a unique table to set up her floral display. The table consisted of a circular marble table top that sat upon an upright wooden wine barrel as its base.
Unbeknownst to the plaintiff, the marble table top was not secured to its base. As the plaintiff proceeded to reposition the table, she inadvertently pushed the table top off of its base, causing it to fall, and strike her foot.
As a result of the impact, the plaintiff suffered a close non-displaced fracture of her right first metatarsal shaft. Her injury did not require immediate surgery, but caused the plaintiff to have to wear a CAM boot, and she experienced a prolong recovery. Later, doctors noted a shortening of the plaintiff’s metatarsal shaft.
Plaintiff underwent physical therapy and was recommended special orthotics. Her providers did also discuss the possibility of corrective surgery. Counsel for the plaintiff requested an IME from a non-treating doctor who opined that plaintiff would suffer permanent issues to include hammering of her second toe and opined at 10% impairment rating.
Approximately 1.5 years after the accident, the plaintiff then proceeded with further evaluation and a small fracture of the plaintiff’s right medial malleolus was discovered. As such, the doctor recommended additional physical therapy and possible cortisone injections in the future.
Plaintiff’s counsel James S. Abrenio provided case information.
[022-T-030]
