Woman claims ankle injury while exiting restaurant — $212,000 settlement

Injuries alleged: Ankle ligament tear followed by complex regional pain syndrome and possible aggravation of a pre-existing condition

Name of case: Merritt v. Crab Shack Acquisition VA, LLC

Court: Chesapeake Circuit Court

Case no.: CL22005286-00

Tried before: Jury

Name of judge or mediator: Judge Andrew D. Kubovcik

Date resolved: March 25, 2025

Special damages: $69,000 in medical bills

Demand: $212,000

Offer: $212,000

Attorney for plaintiff: Jeffrey Brooke, Virginia Beach, Poole Brooke Plumlee

Description of case: The plaintiff stubbed her toe on a wooden deck while exiting a Joe’s Crab Shack restaurant in Chesapeake on April 28, 2021. She had mostly recovered from ankle surgery at the time of this injury but experienced the immediate recurrence of pain following the incident.

She did not fall onto the deck, nor did she seek immediate medical attention. She later returned to her surgeon and was prescribed physical therapy, but during therapy several weeks later she felt a “pop” in the ankle. She was referred to an orthopedist at VCU Medical Center in Richmond who did a surgical procedure to repair the tendon. She later developed long term pain post-surgically. This was diagnosed as complex regional pain syndrome for which there is no real treatment other than oral analgesics and reduced weight bearing.

The restaurant’s risk management department offered $5,000 in settlement pre-litigation which was rejected. Later during mediation, the defendant offered approximately $33,000 to which the plaintiff did not respond. The case was tried before a jury on June 24, 2024, over the course of four days. The jury deliberated approximately one and a half days but was unable to reach a verdict, and a mistrial was declared.

Both sides contacted jurors and discovered that one juror would not agree to a verdict less than $700,000 but another insisted that the plaintiff was guilty of contributory negligence and should recover nothing. As the date for the second trial approached, counsel contacted one another and agreed on a $212,000 settlement.

Jeffrey Brooke, counsel for the plaintiff, provided case information.

[025-T-093]