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Fairfax Circuit Court Judge Reverses Jury Verdict in Fall Into Open Manhole
Posted on Mar 23, 2011
On Tuesday March 22 a Fairfax County Circuit Court judge set aside a jury verdict that had been awarded in favor of a woman who had fallen into a open man hole cover. The woman, Elizabeth Badawy, had sued Classic Drainage, a local sewer repair company after the company had allegedly removed a man hole cover and then left it unmarked and unguarded. Classic Drainage contended at trial that it did nothing wrong and that, in any event, Badawy was "contributorily negligent" for failing to see the open man hole.
Badawy, who had been walking her dog at the time, suffered a broken arm, a broken ankle and other injuries.
The jury heard the evidence during a trial that lasted a day and a half. The jury returned a verdict in Badawy's favor in the amount of $75,000.
Circuit Court Judge Marcus Williams then granted a defense motion to overturn the jury's verdict on the basis that Virginia's contributory negligence law barred Badawy from recovering anything because she had failed to see an "open and obvious" condition.
The case will be appealed to the Supreme Court of Virginia.
Benjamin Glass represented Badawy. Steve Bancroft represented Classic Drainage.
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- Posted on 3/23/2011Fairfax Circuit Court Judge Reverses Jury Verdict in Fall Into Open Manhole