Vol. 54 No. 8

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to Clear Black Ice at Airport

August 2018

While near the entrance of an airport’s mobile lounge—a vehicle used to ­transport passengers between terminals—Doe, 69, slipped on black ice that had accumulated in the area. During the fall, he hit his head on a metal door frame and immediately experienced dizziness, vertigo, nausea, and headache.

Doe, a highly productive consultant who had earned $182,500 annually, was diagnosed with a mild traumatic brain injury, which causes him to suffer from debilitating headaches, visual problems, anxiety, and other problems.

He is currently able to work only two to four hours per day and earns $69,800 annually. His medical expenses were $40,000.

Doe sued the airport, alleging it failed to clear the black ice. At deposition, the defendant’s employees testified that they had not been provided the necessary equipment to clear ice from the area.

The parties settled for $2.75 million.

Citation: Doe v. Roe Airport, Confidential Dkt. No. (Va. Cir. Ct. Fairfax Cnty. Dec. 11, 2017).

Plaintiff counsel: AAJ members Peter S. Everett, Robert J. Stoney, and Elaine R. Singerman, all of Fairfax, Va.

Plaintiff experts: Tim Anderson, airports, Eden Prairie, Minn.; Leonard Matheson, vocational economics, St. Louis; and Sharon Reavis, life care planning, Richmond, Va.

Defense expert: Douglas Gibson, damages, Reston, Va.