Fracture settlements
in District of Columbia.
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 roadwork | An 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 trespassers | A 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 District | Written 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) |