IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND

CINDY FOARD - Plaintiff

v

ASPEN PARK HOMEOWNERS
ASSOCIATION, INC - Defendant

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         CASE NO. 24-C-02-00380
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SAMPLE SLIP AND FALL COMPLAINT (SNOW AND ICE)


      Plaintiff, Cindy Foard, and by and through her attorney, Ronald V. Miller, Jr., Laura G. Zois, and the Law Offices of Miller & Zois, LLC, and demands damages from the Defendant, ASPEN PARK HOMEOWNERS ASSOCIATION, INC., and in support thereof states as follows:

  1. That the Plaintiff, Cindy Foard, is an adult citizen of the State of Maryland and a resident of Anne Arundel County.
  2. That the Defendant, Aspen Park Homeowners Association, Inc., hereinafter referred to as “Defendant,” is a corporation doing business in Maryland, who owned and/or managed the premises known as Aspen Park in Anne Arundel County.
  3. That on or about February 21, 2003, the Plaintiff was walking on common property on the premises owned and managed by the Defendant, Aspen Park Homeowners Association, Inc., on the sidewalk in front of her home. At that same time and place, the sidewalk and parking lots had not been properly cleared of snow from the storm on February 16, 2010. The area was snowy and icy and caused the Plaintiff to slip and fall, causing her severe injuries more fully hereinafter described.
  4. Prior to her fall, Plaintiff put the Defendant on notice by informing the Defendant that snow removal in the area where she later fell was deficient and was not being cleared properly.
  5. Solely as a result of the failure of the Defendant to properly clear all common areas of snow and ice in Aspen Park, Plaintiff sustained serious and severe injuries to her person, including, but not limited to, the following injuries: contusions to her right arm; fractured right wrist; soreness in right shoulder; post-traumatic pain in right shoulder, arm, and wrist; anxiety; and other serious and severe personal injuries.
  6. Solely as a result of the injuries aforementioned, the Plaintiff has incurred damages, including:
    a. Medical expenses;
    b. Lost wages;
    c. She has, may, and probably will for an indefinite time in the future suffer great pain, inconvenience, embarrassment, and mental anguish;
    d. She has, may, and probably will for an indefinite time in the future be deprived of ordinary pleasures of life, loss of well-being, and equanimity; and
    e. Her overall health, strength, and vitality has been greatly impaired.

COUNT I
NEGLIGENCE OF THE DEFENDANT

  1. The Plaintiff incorporates herein by reference hereto the allegations of paragraphs 1 through 6 above as if more fully set forth herein at length.
  2. The aforesaid incident occurred as a result of and was proximately caused by the careless, negligent, grossly careless, and reckless conduct of the Defendant, Aspen Park Homeowners Association, Inc., which consisted inter alia of the following particulars:
    a. Failing to properly supervise the common areas in question so as to furnish to the Plaintiff, Cindy Foard, a safe and level parking lot and sidewalk, free from hazards which were recognized or should have been recognized by Defendant, Aspen Park Homeowners Association, Inc., as causing or likely to cause the serious physical harm to the Plaintiff, Cindy Foard, and others;
    b. Failing to maintain the above parking lot and sidewalk in a safe condition to insure that the Plaintiff would not be caused to slip and fall as a result of the snow and ice which existed and which were known and should have been known to the Defendant;
    c. Failing to properly inspect the parking lot and sidewalk wherein the Plaintiff was caused to fall as a result of not removing the snow and ice;
    d. Failing to maintain the premises owned by the Defendant in good and safe condition for the Plaintiff and others;
    e. Failing otherwise to comply with the applicable laws and regulations of the State of Maryland and the applicable Federal laws and regulations;
    f. Otherwise failing to exercise the degree of care required under the circumstances; and
    g. Otherwise being negligent.
  3. As a result of the aforesaid conduct and breach of care of the Defendant, Aspen Park Homeowners Association, Inc., Plaintiff sustained the injuries, losses, and damages which were more fully described above, without any negligence of the Plaintiff contributing thereto.

     WHEREFORE, the Plaintiff demands judgment against the Defendant, Aspen Park Homeowners Association, Inc., in the amount of FOUR HUNDRED NINETY-FIVE THOUSAND DOLLARS ($495,000.00), together with interest and costs of the suit.


  Respectfully submitted,

                                                                                    MILLER & ZOIS, LLC

 

                                                                                    ___________________________

                                                                                    Ronald V. Miller, Jr.
                                                                                    Miller & Zois
                                                                                    Baltimore Inner Harbor Center
                                                                                    400 East Pratt Street, 8th Floor
                                                                                    Baltimore, Maryland 21201
                                                                                    (410) 553-6000