Woman Crashes into Wall While Snow Tubing at Virginia Resort- 150000.0000
Plaintiff was on vacation with her family at the resort and was enjoying
a day of snow tubing. As the plaintiff hurdled down the slope she was
unable to stop and crashed into a wall injuring her knee. The insurance
company for the resort argued that the plaintiffs claim would be barred
by the Virginia Timshare Immunity Act. Further, the resort argued that
all customers sign a waiver form for negligence and assumption of risk
that protects the resort from liability. Jonathan Portner and Sandy Horseman
successfully proved to the insurance company that their defenses were
without merit and would not prevail at trial.
- Injuries: Client suffered a torn ligament in her right knee.
- Treatment: Client's medical bills totaled $59,600.04.
- Lost Wages: $11,299.20
- Insurance company: Willis of New Hampshire
- Settlement: $150,000.00 (Initial offer was $48,000.00)
- Plaintiff: R.G.
Attorney: Jonathan Portner
Paralegal: Sandy Horseman
Case No.: 208578
Jury Awarded the Plaintiff- 366000.0000
Jurisdiction: Prince George's County Circuit Court
On November 15, 2008, the Plaintiff was carefully walking down the steps
at or near the main entryway to the apartment building located at 9923
Good Luck Road, Lanham, Maryland 20706, when she stepped to the right
to avoid stepping in a puddle and fell over the ledge leading to the lower
level apartment's balcony. The Plaintiff alleged that her fall occurred
because the Defendants failed to place a railing in between the walkway
and the drop off to the lower level balcony. The Plaintiff suffered from
significant injuries to her right knee, requiring surgery.
Defendant filed numerous motions to strike the Plaintiff's case, maintaining
that there was insufficient evidence to reflect that they had done anything
wrong. They claimed that because the building was over 50 years old at
the time of the fall a lack of a railing did not violate the Prince George's
County Building Code and that even if there was a current violation, that
they were "grandfathered" in. The Prince George's County
Circuit Court Judge, denied their Motions, and the case proceeded to trial.
At trial, Plaintiff presented evidence that a railing was required, and
that because the apartment management company had done retro-fit work
on the apartment, just months before the Plaintiff's fall, that the
"grandfathering" argument was not applicable. Furthermore, the
Plaintiff presented evidence that the area where the Plaintiff fell was
inherently dangerous and needed to be corrected.
After deliberation, the Jury awarded the Plaintiff $366,000.00 in damages.
- Defendant: The Donaldson Group
- Special Damages: $91,720.00
Attorney: Kevin Ruby
Case No.: 207223