Our Results Speak For Themselves

THE FOLLOWING ARE ARTICLE SUMMARIES FROM A VARIETY OF PUBLICATIONS. THE RESULTS DESCRIBED IN EACH CASE OR CASE SUMMARY CONTAINED BELOW DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE ATTORNEYS OF BECKER, KELLOGG & BERRY, P.C.

Injured Pedestrian Recovers $425,000 For Slip And Fall On Black Ice In Parking Garage In Maryland

In February 2011, Plaintiff was walking to her car in a parking garage and slipped and fell on black ice. She had two knee surgeries due to a patella fracture and likely needed a third surgery. The ice appeared to have formed from a leaking roof above and the garage appeared to be in need of maintenance and repairs. The lighting was also poor.

Plaintiff's attorney retained an architect who would have testified that the garage never should have leaked if it were properly maintained by the Defendants. The case settled at a mediation after a lawsuit was filed and after Plaintiff's deposition was taken. Medical bills were $127,000. Past lost wages claimed were $73,000 and future lost wages were also claimed.

Trip And Fall Settles For $24,000

On October 8, 2008, Plaintiff settled a case filed in Fairfax County Circuit Court against the TJX Companies, Inc. d/b/a T.J. Maxx for a slip and fall that occurred in a T.J. Maxx store in Kingstowne Towne Center in Springfield, Virginia, located in Fairfax County, Virginia. Plaintiff was walking down a cosmetics aisle that contained creams, lotions and soaps, when she slipped and fell on a clear slippery substance and landed on her right side on broken glass. There were no warning signs present.

About 15 to 20 minutes before Plaintiff fell, another customer slipped and almost fell on the same slippery substance. The other customer notified the customer service attendants about the hazardous condition that was on the floor with the expectation that it would be cleaned up before someone slipped and fell. However, nobody was sent to clean up the hazardous condition. Plaintiff suffered cuts to her ankle, had physical therapy, injections and ultimately required sural nerve decompression surgery along with removal of palpable scar tissue on her right foot at Inova Fairfax Hospital. The case settled two months before trial.

Trip And Fall Settles For $52,000

On 3/20/08, Plaintiff settled a case against a property management company, Kimco Realty Corporation, for $52,000 for a trip and fall that occurred when she stubbed her toe on a protruding portion of an uneven sidewalk located outside a Safeway store in Fairfax County, Virginia.

Plaintiff fractured her right elbow and left knee and had surgery on both and a follow-up surgery on her right elbow. These cases are very difficult for Plaintiffs to prevail in Virginia courts due to notice requirements and other legal hurdles.

Injured Golfer Recovers $60,000 For Ruptured Tendon In Sprinkler Accident

At the time of the accident, plaintiff was playing golf at the Penderbrook Gold Club in Fairfax County. He was at the 18th hole near the green and his golf ball was near the hole. As he approached his ball, he stepped on some leaves that camouflaged an unsecured steel or iron sprinkler cover, which gave way when he stepped on it and his left foot went into the hole.

Plaintiff suffered an Achilles tendon rupture and a nondisplaced medial malleolus fracture. His injury healed without surgical intervention after wearing a cast and using crutches for two months. He wore a walking boot for an additional six weeks and then used a 3-D walker.

Plaintiff had 23 sessions of physical therapy thereafter and ended up with a 4 percent whole person disability but was doing very well one year after the accident.

No quantifiable lost wage claim was submitted.

Injured Customer Recovers $158,000 From Restaurant Due To Insecure Door

On January 1, 2008, Plaintiff was leaving a restaurant in Fairfax County, Virginia, when the commercial glass exit door dislodged from its hinges, tilted and struck Plaintiff in the head, neck and left shoulder. The accident had no witnesses.

Plaintiff went to her family doctor the next day with complaints of headaches and neck pain. Plaintiff was ultimately diagnosed with a herniated disk in her neck at C5-6 and saw a neurologist, who diagnosed her with post-concussive syndrome due to her headaches, blackouts, seizures, sleep walking, sleep talking, fatigue and concentration difficulties, which were permanent. Plaintiff also had numerous physical therapy treatments for her neck and left shoulder.

Plaintiff incurred over $51,000 in medical bills and no lost wage claim. Plaintiff retained a door expert who would testify that the rusty hinges and washers and pivots required replacement and the Defendant should have called an expert to inspect these visible conditions before the accident. The case settled one week before trial for $158,000.

Trip And Fall Victim Recovers $150,000 Due To Unsecured Sidewalk Grate

This case was previously cited in Virginia Lawyers Weekly. Prior to this law firm's representation of Plaintiff, the case was previously tried to a defense verdict (by other counsel) but was successfully appealed to the Supreme Court of Virginia (by other counsel), which reversed the verdict based upon introduction into evidence of prior alcohol use by plaintiff, which was irrelevant and prejudicial. The case was sent back for a re-trial, at which time this law firm was retained by Plaintiff.

Plaintiff tripped and fell on a dislodged metal drainage grate that was supposed to be flush with the sidewalk in a common area of a shopping center. Plaintiff's initial diagnosis was a sprained right ankle and left thumb but he then developed carpal tunnel syndrome in both wrists. Plaintiff eventually underwent two surgeries on both wrists and one surgery on his left elbow. His medical bills totaled $105,000. Plaintiff sued the landlord/owner and property management company of the common area where he fell. Plaintiff had a former employee of a nearby commercial tenant who testified at deposition that he notified the defendants on several past occasions that the protruding grate had been dislodged by vehicular traffic and requested that the grate be secured but defendants ignored his requests.

Defendant argued that the accident could not have occurred as plaintiff alleged and that any danger would have been open and obvious.

Plaintiff obtained a pre-trial motion in limine ruling that barred defendant from introducing into evidence any prior or subsequent accidents, injuries and medical treatment to unrelated body parts, as well as a prior conviction for a crime of moral turpitude and a medical record finding of prior alcoholism problems. As a result, the case settled after the first day of a three-day jury trial in Fairfax County Circuit Court.