This was a premises liability case which arose from a slip and fall in the vestibule of the “base building” of the Dulles Air Control Tower, which took place on November 6, 2014.
Powell Law Group became involved in the case in December 2019. Ultimately, through mediation, in December 2020, the case was resolved.
Powell Law Group was associated in the case by Theresa Cummins of the Cummins Law Group of Arlington.
Although the results of the mediation were M.A. Versus Metropolitan Washington Airport Authority – Arlington Circuit Court not under any confidentiality agreement, our client prefers that we use her initials, MA.
The primary controversy surrounded whether the wet floor in which MA fell caused her fall because of lack of maintenance or whether the design of the vestibule itself exposed the plaintiff to suffer her permanent injury to the left wrist.
Ultimately, we asserted that both conditions caused her fall.
Since MA suffered a permanent limitation of the left upper extremity, this was a career ending injury as an Air Traffic Controller. Because of her young age, her potential wage loss was significant.
It became apparent through the course of discovery that, not only had there been other incidences of business invitees and employees of the FAA who had slipped in the vestibule.
Also, there were basic design features of the vestibule floor, in particular the polished granite tiles which were installed in the vestibule and made entrance risky for anyone entering the facility when it was raining outside. Ultimately, the glossy granite floor contributed to MA’s fall.
All these considerations led to a determination by MWAA to file a plea in bar based on the design allegations seeking the court to determine whether the airport authority was a quasi-governmental body so that liability of the negligent design of the vestibule would be protected by sovereign immunity. They filed this just before the planned mediation. We opposed this plea, but before it was necessary to have this particular issue heard, the parties proceed to mediate the case.
The issue of whether MWAA enjoyed sovereign immunity has been viewed differently in different circuit courts. As frequently occurs in cases such as this, the parties were aware that depending on the favorable or unfavorable decision that might result from the motion, it was preferable for the parties themselves to decide the value of the case, instead of submitting it to a jury after court consideration of this sovereign immunity issue.
Ultimately, the parties settled the case for $475,000. Considering the law that might have been established through the filing of the governmental immunity bar, and the serious defects alleged at the Dulles Tower, all parties considered this a reasonable resolution of the case.
