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Personal Injury

Woman Crashes into Wall While Snow Tubing at Virginia Resort- 150000.0000

Location: Virginia

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

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