Virginia Accident and Injury Settlements, Verdicts and Cases

What this Virginia Injury and Accident list is "all about"

The results published on this page are examples of cases in Virginia. This list is obviously not exhaustive. The results published here by Virginia personal injury attorney Ben Glass are compiled from various sources. The Virginia State Bar requires that I tell you that this list is intended to be interesting but it is not intended to represent what may be recovered in any given case. (But you already knew that anyway!) Each case is different but the more informed you are the better off you will be--always.

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 Teenager Falls From Car Hood When Driver Stops Quickly

A 15-year-old plaintiff was the front seat passenger in a car occupied by four of his teenage friends. While the car was in park, the plaintiff received a call from his girlfriend and he stepped out of the vehicle and sat on the hood of the car with his back against the windshield to have some privacy while speaking with her.

According to the plaintiff, the defendant driver, started the car and drove half a block with the plaintiff on the hood and then slammed on the brakes to get the plaintiff off of the car. The plaintiff fell off of the car and the defendant then drove over the plaintiff's ankle, severely fracturing his ankle.

The defendant stated that he had asked the plaintiff to get off of the hood of the car twice. When the plaintiff refused to get off of the vehicle, the defendant decided to make him get off by accelerating the car and then slamming on the brakes. The defendant also alleged that when he told the plaintiff that he was about to leave, the plaintiff said, "Okay, just don't speed." The plaintiff denied saying this.

The plaintiff will now always walk with a limp. The plaintiff had $20,809.25 in past medical bills and $4,500 in future medical bills to take out the hardware in his ankle. GMAC had the liability coverage of $25,000 and offered the total amount before trial. State Farm had another $75,000 in UIM coverage but made no offer, stating that the plaintiff's contributory negligence would bar any recovery. The plaintiff's counsel argued that any negligence on the part of the plaintiff was trumped by the willful actions of the defendant.

The jury awarded a verdict of $100,000, which was the total amount of the available coverage.

Discectomy, Fusion Attributed to Injuries From Accident Five Years Earlier

 On January 31, 2001, the 45-year-old plaintiff was traveling on Central Park Boulevard in Fredericksburg when the defendant attempted to make a left turn in front of her and struck her vehicle. The plaintiff's vehicle was declared a total loss and liability was admitted on behalf of the defendant.

Immediately after the accident, plaintiff was transported to the emergency room with complaints of neck, shoulder, and low back pain in addition to a laceration of the head which did not require stitches.
The plaintiff was released from the emergency room after a brief examination and cervical x-rays were taken. The plaintiff saw her chiropractor within several days of the accident and began chiropractic treatment. The plaintiff also visited her family doctor, who prescribed medications and referred her to an orthopedist and physical therapist.

The plaintiff suffered ongoing neck pain over the ensuing years but only received sporadic medical treatment. Prior to her 2001 accident, the plaintiff had been injured in three motor vehicle accidents one of which resulted in a herniated disc at C5-6.

In 2006, more than five years after the collision, the plaintiff consulted Dr. Robert G. Squillante, a Fredericksburg orthopedic surgeon who diagnosed cervical stenosis and recommended the plaintiff receive surgery. On July 3, 2006, the plaintiff underwent an anterior cervical disectomy and fusion of C4-5, C5-6. and C6-7. Dr. Squillante performed a revision procedure on April 20, 2007.

At trial, Dr. Squillante testified the two surgical procedures he performed were medically necessary and casually related to the January 2001 motor vehicle accident.

The defense expert Michael J. O'Brien M.D., orthopedic surgeon testified that he did not have a complete set of plaintiff's medical records before he wrote the medical opinion reports for defense counsel. Dr. O'Brien also admitted that the plaintiff's prior medical history before the accident would have been relevant to the case.

Before trial, Allstate Insurance offered $110,000 in settlement, which plaintiff refused. To protect its insured, who had $500,000 in liability coverage, defense counsel agreed to a high/low of $110,000/$500,000, with no appeal by either party. The jury returned the verdict of $518,000 and Allstate paid $500,000 pursuant to the high/low agreement.

The plaintiff's attorney was Edward L. Allen of Fredericksburg.

$600,000 Verdict for Drunk Driver Who Hit 5-year-old

The Plaintiff Robles, age 5, was playing in the parking lot of his apartment complex when he was hit by Defendant Ortiz and dragged several feet along the concrete. Ortiz then fled the scene of the accident.

The plaintiff allegedly suffered from head injury, left ear injury, left shoulder injury, right ankle fracture and nose fracture.  Plaintiff underwent several surgeries and claimed some mild learning disabilities.

The plaintiff alleged defendant was negligent in failing to maintain a proper lookout and operating a vehicle while under the influence of alcohol.

The defendant admitted liability stating that he heard a thump and fled the scene because he was scared. Defendant was criminally charged with felony hit-and-run and driving under the influence.

The plaintiff’s attorney was Roger A. Ritchie, Sr., of Harrisonburg, Va.

$1,250,000 Settlement for Patient Claiming Surgeon Operated on Wrong Artery

The Plaintiff a 54-year-old female alleged the defendant surgeon operated on the wrong carotid artery resulting in ischemia and aphasia (difficulty understanding the speech of others and/or expressing oneself verbally).

The plaintiff alleged that the defendant was negligent in operating on the wrong carotid artery and caused her to suffer permanent neurological damage.

The defendant denied liability and contended that he provided care within all acceptable standards. The defendant agreed to a $1,250,000 settlement.

The plaintiff’s attorney was Stephen C. Swain of Virginia Beach.

Fire Starts During Surgery and Burns Patient’s Face

The Plaintiff a 57-year-old female sustained third degree facial burns during an operation when a fire occurred in the operating room.

The plaintiff Rita S. Talbert was being treated for hyperthyroidism and was referred by her family doctor to Defendant Debra Hutchins, M.D. an endocrine surgeon.

The plaintiff was scheduled to undergo an outpatient surgical procedure to remove a diseased parathyroid gland. A nurse anesthetist administered 100% oxygen by way of a mask during the surgery. When the defendant doctor started the electrocautery machine, a fire started and burned the plaintiff’s neck and face.

The defendant extinguished the fire with her hands and the anesthesiologist intubated plaintiff to provide oxygen. After the procedure was completed the plaintiff was transferred to ICU where she remained for several houses before she was taken to the Washington Hospital Burn Center where remained for 2.5 weeks.

The plaintiff also sued the hospital and anesthesiologist who settled for a confidential amount prior to trial.

The defendant stated that this was an accident that rarely occurs and had never happened in five years of performing similar procedures.

 The plaintiff sustained third degree burns on face, neck and intraorally. The plaintiff required nine different revision, reconstruction and skin grafting surgeries. Her other complaints included chronic extreme pain and depression.

The plaintiff’s attorneys were Steven B. Gould of Bethesda and Kenneth M. Berman of Gaithersburg.

Incorrect Coumadin Dosage Costs Pharmacy $1,050,000

The 80-year-old plaintiff was rendered a parapalegic and required daily living assistance after the defendant pharmacy allegedly administered the incorrect dosage of blood clotting medication Coumadin. A settlement of $1,050,000 was reached under the Federal Tort Claims Act.

When the plaintiff visited the defendant hospital’s pharmacy in 2006 to have his prescription of 2 mg of Coumadin refilled the hospital pharmacy instead allegedly refilled the prescription for 5 mg of Coumadin.

The plaintiff proceeded to take the incorrect dosage of Coumadin for 10 days when he began severely bruising and having nose bleeds. He was admitted to the hospital where it was discovered he was suffering from hyperanticoagulation. He then suffered symptoms of paralysis in both of his legs and was rendered a paraplegic.

Plaintiff maintained that he suffered a spinal hematoma which resulted from a hemorrhage into his spinal canal due to the medication overdose. He also claimed a spinal cord compression from T2 to T9 and partial paralysis and neurogenic bladder and bowel dysfunction. He stated that as a result of the complications from his medication overdose he needs a personal assistant for daily living and that his life expectancy has been diminished. 

The defendant denied liability but agreed to the $1,050,000 settlement.

The plaintiff was represented by attorneys Charles J. Zauzig III and Claire E. Keena of Woodbridge.

Driver Backing on Interstate Causes Fatal Accident

The plaintiff’s decedent, Lois Carden, was a passenger riding in a vehicle on I-95 in Chesterfield, Va when defendant Germaine Duncan, was driving in reverse and struck the car Carden was in. Defendant Duncan was driving in reverse in an attempt to find an exit because traffic on I-95 had come to a stop.

The decedent Lois Carden was severely injured and spent several days in the hospital and developed catastrophic complications which resulted in her death 13 days later.

Plainitifss alleged negligence by defendant for the careless operation of her vehicle and the wrongful death of decedent. The defendant admitted liability and agreed to the $850,000 settlement.

The administrator of the Estate of Lois P. Carden, deceased was represented by attorney John C. Shea of Richmond.

$700,000 Settlement for Late Diagnosis of Abdominal Tumor

The plaintiff, a widowed 58-year-old Somalian female, presented to the defendant health care provider  in March 2005 complaining of abdominal pain in the left lower quadrant for several weeks.

A colonoscopy was subsequently performed in July 2005 which was negative other than showing two small polyps which were then removed.

By August 2005 the plaintiff returned to the physician with complaints of feeling weak.

On September 2, 2005 the plaintiff again returned with complaints of pain and rectal bleeding. An abdominal CT was performed on Sept. 13, 2005. The plaintiff’s radiological expert stated that this CT demonstrated a suspicious 4-inch by 3-inch mass in the left pelvis.

On Oct. 5, 2005 due to left lower quadrant pain she was  instructed on diet and exercise and to follow up in three months.

On Oct. 11, the plaintiff returned with the same complaints and was started on the antibiotics Levaquin and Flagyl.

The plaintiff was seen again in May 2006 and a barium enema and SBFT were performed in July 2006 but were negative.

On November 15, 2006 the patient again had abdominal pain and went to a local hospital where a CT was performed showing a diffuse abdominal and pelvic mass. A needle biopsy demonstrated a gastrointestinal stromal tumor with  widespread disease.

By November 2006 plaintiff had less than a 40 percent chance of survival. Her life expectancy was five years with treatment by the drug Gleevec. Had the plaintiff been diagnosed in September 2005, she would have had  a greater than 50% chance of survival.

The plaintiff’s condition is now incurable.

80-year-old Killed in Garage

The decedent was walking in the parking garage of Ballston Common Mall in Arlington, Va. When she was hit by a Lexus SUV driven by the defendant Anh-Tuyet T. Pham who worked as a nail technician in the mall.

The decedent was taken to George Washington University Hospital where she succumbed to her injuries.

The defendant claimed that she did not hit the decedent but rather the decedent walked into her SUV. There were no witnesses or physical evidence at the scene. The case was settled for all available coverage.

ATV Passenger Injured in Collision Receives $200,000 Settlement

The 17-year-old plaintiff was a passenger on an all-terrain vehicle driven by her boyfriend, the defendant, who was driving the ATV on St. Peters Church Road in Hanover County.

The defendant crossed the double yellow lines on the ATV and struck an automobile traveling in the opposing direction.

At the scene of the accident, the plaintiff told the police officer that her boyfriend, the operator of the ATV, had not caused the accident. She later changed her story and claimed she had been trying to protect her boyfriend.

The plaintiff also acknowledged that she knew the ATV was not designed for travel on the roads and she should not have been on the ATV at the time of the accident.

The plaintiff sustained a grade II open left femur fracture, a grade IIIb open left tibia/fibula fracture, left patella fracture, sacral fracture, and a stage III pressure ulcer to her left heel and nonunion of left tibia fracture.

 The ATV was uninsured and coverage was provided by the plaintiff’s family’s UM coverage.

$450,000  Verdict Exceeds Coverage; Plaintiff to Pursue Assets

On February 8, 2007 plaintiff Rebecca Mills  and defendant Clifford Bartz were traveling in opposite directions on Rt. 208 in Spotsylvania County. As the two cars approached the intersection with Rt. 1199 the traffic lights for both east and westbound traffic were green. The defendant who was traveling eastbound, failed to yield to the right of way of oncoming traffic and turned left across the intersection directly into the path of Mills’ vehicle.

The plaintiff sustained severe comminuted fractures to her right ankle in the collision. Following the accident, Mills underwent three surgical procedures on her ankle and currently walks with the aid of a cane.As a result of the accident, Mills missed several months from work and eventually left her job as an assistant with a home building company. Expert witness Dr. Kenneth Accousti, M.D. an orthopedic surgeon testified the plaintiff will require a total ankle fusion surgery in the future.

The defendant’s insurance provider State Farm Insurance offered its liability limits of $100,000 prior to trial, and defendant offered an additional $10,000. The jury returned a verdict in the amount of $450,000. The defendant has filed a Notice of Appeal. Should the plaintiff prevail on the appeal, she will pursue a post-judgment collection action against defendant.The plaintiff’s attorney was Edward L. Allen of Fredricksburg.

On Dec. 17, 2005 the plaintiff was the driver of a car that was struck on U.S. 360 by a dump truck that did not yield to the right of a way at the intersection with Route 642. The plaintiff’s vehicle was struck on the driver’s side of the vehicle with significant damage to the driver’s compartment.

In February 2008 the plaintiff required surgery on her shoulder. The plaintiff’s expert related the injuries to the accident and stated the plaintiff had a 10 percent disability of her upper extremity and shoulder, which would require continuing medical treatment.

The independent medical exam conducted by Dr. Howard Stern agreed with the plaintiff’s treating physician that the shoulder injury was in fact directly related to the accident in question and that the plaintiff would require future medical treatment.

The plaintiff’s attorney was Richmond attorney Jay Tronfeld.

$1,000,000 Settlement for 72-year-old Injured in Collision

The plaintiff a 72-year-old female, Ida Smith, was turning left in an intersection when defendant Ted Blevins struck her subcompact car with his pick-up truck traveling at approximately 50 mph. The plaintiff was flown by helicopter to U.Va. Hospital where she was found to have fractured T-2 vertebra, multiple fractured ribs, fractures of both arms, and lung injuries.

The following day the plaintiff underwent a seven-level spine fusion surgery with hardware placement as well as surgery to repair the comminuted fracture of her left humerus. The plaintiff was subsequently hospitalized for one month during which time she developed a Stage IV decubitus ulcer in her lower back that required surgical treatment. The plaintiff then underwent inpatient treatment at a rehabilitation hospital and then a nursing home for another four months before her release.

Primary negligence was admitted by the defendant, but the defense aggressively pursued a contributory negligence claim alleging that Smith failed to use her left turn signal prior to the intersection where she intended to make a left turn before the collision and that she also made a sudden stop.

An unsuccesful mediation was conducted six months before trial. The case was then settled three weeks before trial. The plaintiff's attorney was Fletcher W. Harkrader III of Charlottesville, Va.

Death of High School Student Leads to $1,450,000 Settlement

An 18 year old high school student was killed in an early morning accident with a semi tractor-trailer. The case settled at mediation for $1,450,000.

On January 28, 2007, plaintiff’s decedent, Ashley Myers, was a passenger in a vehicle traveling on I-66 when the vehicle was struck from behind by a tanker truck transporting gasoline. The tanker was driven by Defendant Mac Kriesch. The semi was owned by Defendant M. Pittman Enterprises LC. Another vehicle was caught in between the semi and the vehicle in which Myers was riding. All three vehicles caught fire and became engulfed in flames.

Myers (plaintiff’s decedent) and her host driver were killed instantly. The driver of the other car was killed as well. Defendant Kriesch suffered minor injuries. Defendant Kriesch was found guilty of improper driving with regard to the accident and was ordered to pay a $500 fine in criminal court.

Attorney Douglas Barry of Fredericksburg represented the administrator of the estate of Ashley Myers.

$125,000 Settlement for Young Girl Bitten By Neighbor's Dog

12-year old Mark Adkins was visiting her next door neighbor when she was attacked by the neighbor's dog. Adkins had been around the neighbor's dog on numerous occasions before with no problems.

The defendant had obtained the dog from her son who did not want it to be around his newly pregnant wife because it allegedly had a history of snapping at people. Adkins sustained multiple facial lacerations.

The plaintiff's attorney was John C. Shea of Richmond, Va.

Jury Awards $150,000 for Fractured Hip

Passenger sued his driver and the driver of another car and claimed they were both responsible for injuries he sustained when they hit. An Arlington County jury returned a $150,000 verdict against both defendants.

Plaintiff was a 35 year old male and his claimed injuries were: fracture of the right femur (hip) requiring an open reduction, internal fixation and intramedullary nailing of the femur, and future hip surgery. He also alleged right foot injuries and lacerations, emotional distress, and lost quality of life.

$850,000 Wrongful Death Settlement

According to published reports, a settlement worth $850,000 has been reached in a wrongful death suit filed in the Chesterfield County (Virgnia) Circuit Court on behalf of Lois Carden, who died of the personal injuries she received in an Interstate 95 crash.

On April 25, 2007, Carden was the passenger in a vehicle that was struck by the vehicle of defendant Germaine Duncan. Duncan was backing up on I-95 while attempting to find an exit because of traffic being stopped in front of her.

Carden died on May 8, 2007 after being hospitalized at VCU Medical Center for the severe personal injuries she received.