Premises Liability

Aug 10, 2018

4th Cir.: Homestead had no notice of ice near walkway fountain

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background In November 2013, Plaintiff Ellen Thomas arrived as a guest at the Omni Homestead Resort […]

Jul 27, 2018

Senior citizen tripped on mat, injured shoulder – $375,000 Settlement

Plaintiff, a senior citizen, was a customer at a local restaurant. As she was walking through the dining area, she caught her foot on a black, rubber mat which was not flush with the floor causing her to fall to the floor. Upon impact with the ground, plaintiff felt a pop in her right shoulder, […]

Jun 4, 2018

Man stepped on unsecured water meter cover – $205,000 Settlement

Plaintiff stepped on an unsecured water meter cover. Her foot fell through resulting in surgery to re-attach the 2nd, 3rd, 4th, and 5th metatarsal bones that had separated from the tarsal bones. Fairfax Water initially denied the claim, stating lack of notice and that the loose cover was the result of a third party accessing […]

Apr 16, 2018

Man attacked by heifer, thrown 30 feet into air – $1.2M Settlement

Client, a 60-year-old licensed plumber, arrived at defendant’s farm to estimate the cost of installing water lines for cattle. When he arrived, the farmer was extracting a dead calf from a first-calf heifer with a rope attached to a farm truck. Defendant asked the plumber and his co-worker to assist him, which they did. After […]

Mar 19, 2018

WDVA: Plaintiff couldn’t prove notice of hazard

Defendant Wal-Mart Stores seeks summary judgment in this slip-and-fall case. Virginia law applies. The only evidence in the record is the deposition testimony of Plaintiff Mary Diggs and her companion at Wal-Mart on the day in question. The facts drawn from this testimony are as follows: Diggs slipped and fell at the self-checkout scanner at […]

Jul 17, 2017

Man fell forward on stairs, flower pots blocked railing – $1,250,000 Settlement

On Nov. 3, 2015, the plaintiff, 59, was picked up by his octogenarian father outside of his apartment building. Because of the plaintiff’s co-morbidities, including a prior stroke, toe amputation, and pancreas and kidney transplants, he did not drive. The plaintiff’s father parked his vehicle in front of the apartment building’s leasing office so that […]

Jun 19, 2017

Girl’s claim against health club for injury in tractor tire fails – Defense Verdict

Plaintiff, a 6-year-old girl, sued a national health club facility for injuries allegedly suffered after she fell from a tractor tire maintained on the facility’s turf field. During early evening hours while waiting for a swim lesson, plaintiff, her younger brother, and plaintiff ’s mother were running on the outdoor turf field of defendant’s facility. […]

Apr 4, 2017

Elderly woman suffered TBI after trip on steep ramp – $600,000 Settlement

An elderly woman exited a commercial facility in Hampton Roads and lost her balance on an entrance-way ramp. The 83-year-old plaintiff, who already walked with a cane for support, was unable to balance herself when the ramp caused her to trip. The event was caught on the building’s video cameras. An architectural expert for the […]

Aug 1, 2016

Court nixes nursing-home civil rights claim

A county-operated nursing home can’t be sued under federal civil rights law for a patient’s death after repeated falls during her residency, a Charlottesville federal court has ruled in a case of apparent first impression in Virginia. The court rejected the new theory of liability based on federal statutes and regulations governing nursing homes that […]

May 9, 2016

Man twisted hip in ‘step wreck’ on Metro escalator – $50,000 Verdict

On June 29, 2011, plaintiff Brooks Vaughn was riding the escalator at Metro Center in Washington, DC. He was exiting at the 12th and G exit and as he reached the top of the escalator, he stepped off with his left foot and was unable to move his right foot. He felt his right heel […]

Mar 22, 2016

Verdict for slip-and-fall is $300,000

A vacationer who suffered a severe hip injury outside an Alexandria hotel in 2013 won a $300,000 verdict from a federal jury this month. The California woman underwent complex surgery to repair the orthopedic damage, incurring $130,000 in medical expenses, according to her lawyer, Erin E. Witte of Fairfax. The highest offer before trial was […]

Mar 14, 2016

Man slipped on ice while leaving restaurant, hurt ankle

The injured was a 32-year-old married father who slipped and fell while exiting a restaurant. The gentleman slipped on a nearly invisible patch of ice that had formed as the result of snow melting from the roof and re-freezing on the sidewalk. As a result of the fall, he suffered a bimalleolar fracture to his […]