Guest sprained ankle after stepping in hole on walkway — $1.2M verdict

Type of action: Personal injury

Injuries alleged: Sprained ankle, resulting in four surgeries

Name of case: Rick v. Cedar Fair Southwest d/b/a Kings Dominion

Court: Richmond Circuit Court

Case no.: CL20001432-00

Tried before: Jury

Name of judge or mediator: Judge Jacqueline S. McClenney

Date resolved: 11/30/2023

Special damages: $334,727.40

Demand: $500,000

Offer: $200,000

Verdict or settlement: Verdict

Amount: $1,200,000

Attorney for plaintiff: Matt Danielson, Richmond

Description of case: The plaintiff injured herself when she stepped into a hole in the pavement of a walkway at King’s Dominion on Sept. 29, 2018, during King’s Dominion’s Halloween Haunt. She was diagnosed with a sprained ankle, and after a month of conservative treatment with an orthopedist, switched to a podiatrist whose office had treated a fracture to the same ankle in 2007. Treatment lasted for three years, resulting in three surgeries by the podiatrist, and another surgery to remove hardware by an orthopedist.

The case was mediated unsuccessfully in 2022 with the defendant offering $75,000. A two-day jury trial commenced on Nov. 29, 2023, where the case was strongly contested on both liability and damages. Both the plaintiff and the defendant offered testimony by experts in the fields of architectural safety and orthopedic medicine. At the conclusion of closing arguments, the jury deliberated for 55 minutes and returned with a verdict in the amount sued for plus interest from the date of the injury.

Matt Danielson, counsel for the plaintiff, provided case information.

[023-T-228]