703-564-7318

Contact@jeffdowney.com

Mon - Fri 8:30AM – 5:30PM

Court of Appeals Upholds Third Party Beneficiary Claim Based Upon Easement

By Jeffrey J. Downey, Esq

In McCray v. Heritage Forest Plaintiff was injured when he allegedly crashed his scooter because a tree branch had fallen in the roadway.  Plaintiff sued Defendant under multiple theories, including a claim based on the fact that Plaintiff was a third-party beneficiary of a cross easement agreement that required Defendant to maintain the easement in good repair and safe condition at all times and in compliance with all applicable laws and regulations.

Plaintiff alleged that McCray was an invitee on the property and a third-party beneficiary of the easement agreement and that the tree was within the scope of Defendant’s maintenance obligations.  The Court of Appeals reversed the trial court’s decision that Plaintiff was not a tenant, licensee or invitee of the Defendant, but was an “incidental beneficiary.”  The Appeal’s court found that McCray alleged  sufficient facts to  show that he was an intended third party beneficiary of the easement.  A copy of the decision can be found here.

Plaintiff’s counsel was very creative in alleging breach of a third-party beneficiary agreement based on an easement, explains Fairfax Personal Injury attorney Jeffrey J. Downey.  Under such a theory Plaintiff can recover typical personal injury damages without having to deal with any contributory negligence defense.  This decision also supports the notion that one can recover personal injury damages based on the violation of a contractual obligation, which is an evolving area of the law in Virginia.  Personal injury attorneys in Virginia should consider pleading third party beneficiary claims under similar circumstances when the violation of an agreement or easement caused harm to a party.

The Law Office of Jeffrey J. Downey, P.C., offers legal guidance and representation to clients in Washington, D.C., Northern Virginia (including Arlington, Fairfax, Prince William, and Loudoun Counties, and cities like Alexandria and Falls Church), and Southern Maryland (covering Prince George’s and Montgomery Counties, with cities such as Bethesda, Silver Spring, and Rockville).

Contact Information

The Law Office of Jeffrey J. Downey, P.C.

McLean Virginia Office

8300 Greensboro Drive

Email: jdowney@jeffdowney.com

Suite 500, McLean, VA 22102

Phone: 703-564-7318

Fax: 703-556-7700

Web: https://www.jeffdowney.com/