Wood v. Woolfolk Properties, Inc.

515 S.E.2d 304, 258 Va. 133, 1999 Va. LEXIS 73
Supreme Court of Virginia·Decided June 11, 1999·No. Record 981197·Published·Cited by 1 cases

Opinions

JUSTICE KINSER

delivered the opinion of the Court.

The primary issue in this premises liability case is whether the circuit court erred by admitting evidence pertaining to the absence of prior accidents. Finding error in the circuit court’s judgment, we will reverse.

I.

This appeal arises out of an accident that occurred on the evening of May 20, 1994, in front of Ruth’s Chris Steak House (Ruth’s) located in Chesterfield County. The plaintiff, Edna Wood (Wood), and several members of her family ate dinner at the restaurant that night. After finishing their dinner, the Wood party prepared to leave the restaurant. While Wood’s son went to the parking lot to retrieve his vehicle, Wood and the others waited outside the restaurant. Wood’s son drove the vehicle into a circular driveway in front of the restaurant and stopped it approximately two or three feet from the curb. As Wood approached the rear door of the stopped vehicle, she appeared to “step[ ] into air” and fell down. As a result of the fall, Wood sustained physical injuries and incurred medical expenses.

Ruth’s is located in a shopping center that is owned by defendant Bellgrade Development Company, Inc. (Bellgrade). Defendant Wool-folk Properties, Inc. (Woolfolk), is the “managing member” of Bell-grade and provides property management and maintenance services to the shopping center.

The curb where Wood fell is a transitional area that is slanted rather than perpendicular. The transitional curb between the sidewalk and the circular driveway has a thirty-degree slope, is eight inches long, and drops four inches in height from the sidewalk to the driveway. The sidewalk, transitional curb, and driveway are designed with varying colors, patterns, and textures of brick in order to give pedestrians visual clues with regard to the different surfaces, heights, and grades as they walk from the driveway onto the sidewalk and into the restaurant.

Although the original design of the restaurant did not call for the curb to be painted, it had been painted white sometime prior to the night of Wood’s accident. In 1992, Charles Lytton, chief executive officer of Woolfolk, decided that the transitional area should be [136]*136painted white for both aesthetic and safety reasons. He testified that it was initially an aesthetic idea but that the white paint also made the curb area more visible. He described the paint as “an enhancement to visibility.”

On April 22, 1997, Wood filed a motion for judgment against Woolfolk and Bellgrade alleging that the defendants negligently owned, operated, and maintained Ruth’s and the surrounding premises; allowed certain unsafe conditions to exist on Ruth’s premises; and failed to warn the plaintiff about these unsafe conditions. Prior to trial, Wood filed a motion in limine to exclude any evidence regarding the absence of prior accidents at the curb area where she fell. Initially, the circuit court sustained the motion. However, at trial, the court reconsidered its ruling and allowed Lytton to testify, during cross-examination, that no one had fallen across the curb line prior to Wood’s accident.

Free access — add to your briefcase to read the full text and ask questions with AI

Wood v. Woolfolk Properties, Inc., 515 S.E.2d 304, 258 Va. 133, 1999 Va. LEXIS 73 (Va. 1999).

515 S.E.2d 304 (Wood v. Woolfolk Properties, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Webber v. Speed Channel, Inc.
472 F. Supp. 2d 752 (E.D. Virginia, 2007)