Virginia Lawyers Weekly//September 4, 2023
Virginia Lawyers Weekly//September 4, 2023
Type of action: Personal injury, trip and fall
Injuries alleged: Ruptured left Achilles tendon
Date resolved: 10/24/2022
Special damages: $70,000
Verdict or settlement: Settlement
Amount: $160,000
Attorney for plaintiff: Thomas J. Curcio, Alexandria
Description of case: The plaintiff, a 61-year-old woman, had just left the Hot Pot Legend restaurant at the One Loudoun complex. The complex has a gradually sloped walkway leading to two steps that blend in with the sandstone finished sidewalk. A decorative pillar also blocks the view of the steps. Due to the confusing design of the walkway, the plaintiff, thinking the ramp continued past the pillar, missed the steps, feeling immediate and excruciating pain in her left foot. It was determined that she ruptured her Achilles tendon which resulted in surgery and intensive physical therapy. Before she was injured, the plaintiff was very physically active and fit.
As to liability, there were no warning signs posted regarding the steps nor were any contrasting colors used to distinguish between the ramp and the steps. Additionally, the configuration of the walkway, steps and sidewalk where the plaintiff fell was in stark contrast to the ramp and steps directly across the street, which had clear markings and a visible contrast between the surface of the steps and the surrounding area. Claims were made against both the owner of the corporate owner of the complex and the management company.
Plaintiff’s law firm provided case information.
[023-T-075]