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 MichieHamlett Wins Decision in Virginia Supreme Court
PRESS RELEASE - June 29, 2009
The Virginia Supreme Court has overturned a ruling from the circuit court of Albemarle County in the Fultz v. Delhaize America case. The case was originally granted a summary judgment. However, the Virginia Supreme Court disagreed, sending the case back for trial.
Bryan Slaughter, an attorney who concentrates his practice on personal injury and child safety cases, is with MichieHamlett. He represents Ms. Doris Fultz, who was hurt while using an ATM at a Roanoke Food Lion. The ATM was partially enclosed by two parallel metal bars 5 inches off the ground. Fultz was babysitting her grandson at the time, and he dashed away while she was at the ATM. When she instinctively reacted by chasing her grandson, she tripped over the bar and shattered her elbow.
The original trial court ruled the plaintiff failed to see an open and obvious hazard. Virginia Supreme Court Justice Lawrence L. Koontz, Jr., disagreed, remanding the case to a jury to determine if the plaintiff has been “reasonably distracted.”
For additional information,
Contact Maggie Pearson, MichieHamlett, 434.951.7265 or by Email
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