Premises Liability – Fall down stairs at resort results in injuries, death

$950,000 settlement

Injuries alleged: Death resulting from internal injuries

Court: Virginia Beach Circuit Court

Tried before: Mediation

Name of mediator: Judge Fred Swersky (ret.)

Date resolved: April 3, 2026

Amount: $950,000

Attorneys for plaintiff: Diane P. Toscano,
Virginia Beach, Toscano Law Group, and Joe Verser and Kyle Zimmermann, Newport News, Heath & Verser

Case description: This case involved the death of a Pennsylvania woman who was vacationing at the Virginia Beach Oceanfront with her sister when she fell while walking down a set of stairs at a resort property. She was survived by her only son, the administrator of her estate, and four granddaughters. At the time of her death, she was employed part-time at a floral shop and a funeral home.

As the decedent exited the resort pool area, she walked down a set of stairs, fell and struck the back of her head. She was transported to Virginia Beach General Hospital.

As a result of the fall, she sustained multiple closed rib fractures on her right side, acute fractures at the T7 and T11 levels, and a right-sided
scalp laceration that required staples. Five days later, a CT scan of her chest revealed an accumulation of blood and fluid in the pleural space. Following complications from her injuries and worsening respiratory distress, she suffered bilateral pulmonary edema, required repeated intubation and intensive care treatment, and ultimately died at Virginia Beach General Hospital on June 10, 2023.

The administrator sued the resort on behalf of the estate, alleging premises liability negligence. The plaintiff retained a structural engineering consultant who performed a site inspection of the pool area. The inspection revealed substantial stairway code violations, including inconsistent riser and tread dimensions exceeding Virginia Building Officials and Code Administration (BOCA) Code tolerances. The inspection also found the lower landing sloped more than permitted under the BOCA Code’s maximum allowable walking-
surface slope standards. The plaintiff’s consultant opined that these violations created a hazard that was a direct and proximate cause of the fall. The defendant retained its own consultant, who disputed the significance of the alleged violations and their connection to the incident.

The case settled via mediation prior to trial.