Facts

Plaintiff Billie Thomas was at defendant Rolling Hills Memorial Park in Richmond. He tripped over a sprinkler and tore his knee. There were several witnesses to plaintiff's fall. The plaintiff sued defendant for premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the sprinkler was concealed by strands of overgrown grass, which was a dangerous condition. Plaintiff's fall could have been prevented if the sprinkler was in a more elevated and visible location.

DEFENDANT'S CONTENTIONS:
The defendant contended that the sprinkler was in plain view. Further, the plaintiff should have been paying closer attention to his steps.

Specials in Evidence

$140,000 The plaintiff sought in excess of $80,000 for future medication, doctor visits, home care and transportation amenities. This was based on a five-year life expectancy.

Injuries

The plaintiff had a total knee replacement. He stayed in the hospital for several days after his operation, from which he suffered complications. The knee replacement caused his deep vein thrombosis condition to flare up again. The plaintiff claimed continued weakness and immobility in the knee. He required a scooter for personal mobility, as well as support and safety amenities inside his home.

Result

The parties settled for $480,000.