Type of Case: Premises Liability, Slip & Fall
Attorneys: Ward Marstiller, Michael Lantz and Walter Emroch (retired), Richmond
Summary: An apartment tenant slipped and fell on a sheet of black ice while walking from the building to his car. He suffered tibia and fibula fractures and developed complications due to an underlying diabetic condition. He may eventually need a below-the-knee amputation. Plaintiff alleged that the defendant apartment owner and property manager failed to pre-treat the area prior to a major snowstorm, and failed to properly remove the snow and treat with salt or sand in the aftermath of the storm and during the “melt and re-freeze” cycle. Defendants contended they adequately maintained the premises, and plaintiff was contributorily negligent. The case settled at mediation.