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★ District of Columbia · fracture

Fracture settlements
in District of Columbia.

By Reviewed by Abd Shanti, Founder9 min read

A commuter crossing North Capitol Street caught his foot on uneven pavement around a manhole cover and fractured and dislocated his right shoulder; a jury awarded $300,000, the judge threw it out, and the Court of Appeals reinstated it. A driver on Alabama Avenue SE suffered a compound leg fracture when another car swerved around an open utility hole and hit her.

Facts that decide a fracture claim in District of Columbia

Expert on roadworkAn expert who judged the backfill work from photographs could support the verdict; weaknesses went to weight, not admissibility.Sullivan v. AboveNet (D.C. 2015)
Visitors versus trespassersA woman who fractured her ankle on ice behind an apartment building was not a trespasser as a matter of law, so her claim went forward.Boyrie v. E & G Property Services (D.C. 2013)
Claims against the DistrictWritten notice of the time, place, cause and circumstances must reach the Mayor within six months; a Metropolitan Police report in the regular course of duty counts.D.C. Code § 12-309(a)
★ DC · reported fracture outcomes

What District of Columbia courts have awarded.

Real District of Columbia decisions and verdicts, each linked to the court record or official report.

  • D.C. Court of Appeals · 2015
    $300,000 verdict reinstated

    At about 4:55 p.m. on March 4, 2009, Stephen Sullivan was crossing where F Street, North Capitol Street and Massachusetts Avenue meet when his foot caught on the uneven surface around a manhole cover AboveNet had installed. He struck the curb and suffered a complex fracture and dislocation of his right shoulder, needing surgery. The court reinstated the jury’s $300,000 award.

  • D.C. Court of Appeals · 2015
    Summary judgment reversed

    On July 17, 2007, Victoria Johnson was driving in the right lane of Alabama Avenue SE near 23rd Street when a car in the left lane swerved around an uncovered utility test station hole, struck her and pushed her into a pole. She suffered a compound fracture of her leg. She sued Washington Gas for leaving the cover off; the court reversed judgment for the utility.

★ DC · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in District of Columbia.

  1. 1

    Photograph the pavement defect before it is repaired; photos carried Sullivan’s expert.

  2. 2

    Identify the utility or contractor that last worked on the spot.

  3. 3

    If the District may share blame, send the six month notice to the Mayor.

★ DC · statute of limitations
3 years from date of injury

D.C. Code § 12-301

★ DC · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars recovery, with a narrow exception for cyclists and pedestrians under D.C. Code § 50-2204.52.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How District of Columbia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
District of Columbia · you are herePure contributory negligence3 years from date of injury—
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
★ DC · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in District of Columbia. See /methodology, /sources, and /disclaimer.