Fallen trick-or-treater loses suit against witch in Baltimore County

A Baltimore County jury needed only a few minutes of deliberation before ruling against a Forest Hill woman seeking damages for an injury she suffered while trick-or-treating with her children on Halloween three years ago.

Robin A. Pruett sought $500,000 from Walda E. Boyd of Halethorpe for negligence after Pruett tripped and fell in Boyd's yard, severely injuring her elbow. But the jury found in favor of Boyd at the end of a one-day trial in Baltimore County Circuit Court.

Boyd lives near Pruett's mother, in the neighborhood where Pruett, her two children and husband were trick-or-treating on Halloween in 2005, according to the complaint filed March 23, 2007.

Boyd was dressed up as a witch and "scaring trick-or-treaters" from her front porch, according to the complaint. That point was necessary to establish Pruett was not trespassing but rather was a "social guest" on Boyd's property, said Paul J. Weber of Hyatt & Weber P.A. in Annapolis, who served as co-counsel to Pruett's lead attorney, Amanda Sprehn.

As the family approached Boyd, Pruett tripped over a loose iron lawn border and landed directly on her left elbow, the complaint said. Pruett suffered a fracture and has had three surgeries and $25,000 in medical bills already, with future surgeries likely, Weber said.

The trial before Judge Mickey J. Norman centered on the testimony of the two women: Boyd said she did not know of any problems with her lawn borders, but Pruett said Boyd did know and had mentioned the problems to Pruett in the past.

Matthew P. Woods of H. Barritt Peterson Jr. & Associates in Towson, who represented Boyd, said photos of the yard showed there were no dangerous conditions.

Weber said he believes jurors put themselves in Boyd's position, imagining a similar incident on their property but not thinking of the responsibility involved.

"The circumstances of the situation had as much to do with it as the believability of the witnesses," he said.

Pruett v. Boyd

Court: Baltimore County Circuit Court

Case No: 03C07003304

Proceedings: Jury trial

Judge: Mickey J. Norman

Outcome: Defense verdict

Dates: Incident: Oct. 31, 2005; Suit filed: March 23, 2007; Disposition: June 16, 2008

Plaintiffs' Attorney: Amanda Sprehn and Paul J. Weber of Hyatt & Weber P.A.

Defense Attorneys: Matthew P. Woods of H. Barritt Peterson Jr. & Associates

Charges: Negligence

Damages Sought: $500,000

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