Virginia: Special Cases – a Lawyer’s Path

On March 3, 2017, in the Williamsburg personal injury case of Estep v. Xanterra Kingsmill, Inc., No. 4:16cv89, United States District Court, Eastern District of Virginia, Newport News Division, denied Defendant’s Motion for Summary Judgment, finding that the Plaintiff’s alleged contributory negligence presented a genuine issue of material fact to be decided by the jury at trial. Its scholarly 16-page Opinion and Order extensively analyzes Virginia law on point, cites a number of pro-plaintiff slip-and-fall rulings, and delineates between open and obvious “condition” and open and obvious “danger/hazard”.