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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$1.6 Million Dollar Settlement

Frank Hraczo v. Seneca Excavating & Landscaping, Inc.; Furnace Associates, Inc., d/b/a Lorton Landfill; Bradley Breeden; Weldon Cox

Congratulations to attorney David Marks (of counsel to BenGlassLaw) for this settlement.
Fairfax County Circuit Court At Law No. 2008-2092

On May 1, 2006, the plaintiff was operating a Roll-Off truck and entered Lorton landfill to dispose of the load of construction debris in his truck. Upon entereing the landfill, he was directed by a Lorton employee to a specific location to park and unload his waste. At the same time that the Plaintiff was about to unload his debris, a Kenworth demolition tractor trailer operated by Bradley Breeden, an employee of Seneca, was also preparing to unload. Breeden was directed by Weldon Cox, an employee of Lorton as to where to park and unload. While the Seneca tractor trailer bed was elevated at its highest point, the debris became stuck and unable to flow out of the tail end. The tractor trailer became top-heavy and tipped over directly onto the cab of Plaintiff's vehicle where the Plaintiff was seated.

Plaintiff alleged that Breeden failed to keep a proper lookout and did not operate his truck properly to avoid injuries to others. Plaintiff alleged that Cox failed to direct the two trucks a proper distance apart and failed to warn Breeden or Plaintiff of a dangerous condition.

As a result of the negligence of the defendants, Plaintiff sustained crush injuries to his right foot with open fractures, multiple left sided rib fractures and a fracture of the pubic bone. After being pinned inside the cab for two hours, the Plantiff was extracted and transported to Fairfax Hospital where he remained for three weeks. As a result of the incident and injuries, Plaintiff has undergone more than fifteen surguries to repair his right heel and foot. It took more than two years for the physicians to successfully obtain wound closure on the right heel. Despite all these surgeries, plaintiff still cannot walk normally and never will again. He uses a cane to walk and to sit and stand. He uses prosthetic shoes designed specifically for his feet and to assist him with the constant nerve pain that he has to the foot.

Plaintiff has approximately $475,000.00 in medical expenses. Peder Meldberg, Ph.D., a vocation rehabilitation expert, stated that the Plaintiff's physical limitations, his pain, his medications and his limited education makes him unemployable. His lost earnings capacity is $922,134.00.

A mediation was held with the Honorable Joanna Fitzpatrick on November 21. 2008. A week after the mediation, a settlement was agreed to in the amount of $1.6 million with each defendant paying 50%. Trial was set for December 15, 2008.

Teen Awarded Punitives from Drunk Driver

Plaintiff a 16-year-old female high school cheerleader was driving home at night when her vehicle was hit head on by the defendant's vehicle. The defendant's vehicle had traveled 495 feet through the median and then into oncoming traffic.

The defendant driver's blood alcohol content was 0.32 percent, and this was his third DUI. He said he had been driving Wild Irish Rose all weekend. Defendant, after being asked by the investigating trooper if he had anything to drink, responded "Oh, hell yeah."

Plaintiff had minimal medical bills from the accident but her chiropractor testified that her pre-existing scoliosis had been made significantly worse. There was also testimony from friends and family members of the mental impact on plaintiff, including fear of driving at night and the impact on plaintiff's ability to participate in cheerleading and track at her high school .

Liability was admitted and defendant presented no expert witnesses. Defendant argued that plaintiff's scoliosis would have gotten worse anyway and that defendant had already been punished adequately by the criminal justice system.

Plaintiff was awarded $80,764.98 in compensatory damages and $200,000 in punitives.

Plaintiff's attorney was Brian K. Brake of Harrisonburg.

Retirement Benefits Considered in Damages from Accident

Plaintiff, a US Naval Officer was traveling south on Ocean Highway in Somerset County, Md., on his way to Norfolk Naval Base when a tractor-trailer attempted to make a left turn into the southbound lanes in front of him.

According to an eyewitness, the tractor-trailer crossed over the north-bound lanes without stopping at the stop sign, crossed over the median and turned directly into the southbound lanes without yielding to traffic.

Plaintiff was too close to the intersection when the tractor-trailer entered the roadway to avoid a collision with the rear wheels of the trailer, as the trailer straddled both southbound lanes in the midst of its turn. Plaintiff's car hit the trailer's tire and was knocked into a water-filled ditch on the side of the highway.

Within a year of the crash, plaintiff was medically discharged from the Navy because he could no longer meet the military's physical readiness standards.

In addition to reimbursement of medical expenses, plaintiff sued for lost retirement benefits. He would have been eligible for had he been allowed to retire from the Navy.

Plaintiff designated economist William E. Cobb of Charleston, W.Va., to testify to the present value of plaintiff's lost retirement benefits from his eligible military retirement age until the end of his estimated life expectancy.

Defendant's insurance company defended on the basis of contributory negligence, arguing that plaintiff was either speeding and/or simply not paying attention, The case settled at a court-mandated settlement conference for $300,000.

Woman Suffers Leg Fracture in Danville Collision

On the evening of Sept. 21, 2007 LaWanda Townes was driving at the intersection of Westover and Piedmont drives in Danville, Va. Traffic flow through the intersection was controlled by a traffic signal. Plaintiff claimed she had a green light as she proceeded straight through the intersection.

Defendant also had a green light but neglected to yield the right of way to plaintiff as she attempted a left turn onto Westover Drive. Defendant told the officer that she did not see the plaintiff coming towards her. Defendant also alleged that the plaintiff's head lights were not operating.

Plaintiff was taken to Danville Regional Medical Center. She was transferred to the University of Virginia Medical Center where she remained hospitalized for four days. During her hospital stay, she underwent a closed reduction and application of an external fixator. Due to malunion of the bones at the fracture sites, plaintiff required open reduction of her fractures months later. She made a good but not complete recovery.

Case settled for $250,000. Plaintiff was represented by attorney John C. Shea of Richmond, Va.

$1,350,000 Settlement for 21 -Year-Old Injured in School Bus Accident

At 5 p.m. on May 10, 2005, 21-year-old plaintiff Markus Johnson was severely injured when as school bus turned left directly in front of him and struck his small vehicle head-on. At the time of the accident, a mechanic employee of the school board was operating the bus after it had undergone service at the garage.

Plaintiff was air-lifted to Norfolk Sentara Hospital. His injuries include a comminuted, displaced fracture of the right hip (including both the acetabulum and femoral head), a fracture dislocation of the left great toe and a full-thickness laceration of the right forehead.

Plaintiff underwent an open reduction and internal fixation surgical procedure performed by orthopedic surgeon, Dr. John Williamson. Plaintiff developed traumatic arthritis and aseptic necrosis of the hip joint over time. Dr. Williamson opined that, within the next three to five years, plaintiff would need a hip replacement operation. Dr. Williamson was also of the opinion that a hip replacement lasts between 12 and 15 years before it wears out and needs replacement again. Therefore, plaintiff is likely to undergo four hip replacements during his lifetime.

Plaintiff allegedly suffered a comminuted acetabular fracture/dislocation of right hip; dislocated left great toe; laceration to right forehead with surgical repair; traumatic arthritis of the right hip; aseptic necrosis fo the right hip; permanent facial and hip scarring; impairment

Dr. Williamson gave plaintiff a present day 50 percent impairment of the use of his right leg and 37 percent after the hip replacement surgery. He indicated plaintiff would be restricted to sedentary employment over his life.

At the time of the accident, plaintiff lived with his elderly grandparents and worked as their caretaker in exchange for room and board. He performed tasks such as yard work, house cleaning, assistance with grocery shopping and driving.

A vocational expert, Peder Melberg, opined that, given plaintiff's medical restriction to sedentary or seated light work, he had lost access to over 75% of the labor market for which he was qualified. This loss of work capacity resulted in a lost future earning capacity of approximately $10,000 a year. Reduced to present value, this future income loss was $245,801. The admissibility of exhibits, evidence and testimony by Melberg regarding lost earning capacity was hotly contested upon the basis that plaintiff had never been employed and that the necessary foundation for evidence of and testimony on lost earning capacity had not been laid.

The case settled the day before trial for $1,350,000.

Pedestrian Hit by Car in Parking Lot Accepts Settlement

An elderly woman was hit by a car in a shopping center parking lot, resulting in hip injuries that required surgical repair. Defendant driver's primary insurer and the woman's underinsured carrier contributed to a $275,000 settlement to resolve all claims arising from the incident.

Plaintiff Ruth Altheim was standing near the rear of her vehicle. She was loading items into her trunk when she was struck by a vehicle driven by Defendant Robert Stephens.

Plaintiff alleged defendant was negligent in failing to maintain a proper lookout. She also served notice of the claim to her underinsured motorist carrier and maintained that defendant driver had insufficient coverage to compensate for her damages.

Defendant admitted liability and his primary carrier tendered its limits. Plaintiff's UIM carrier also contributed to the settlement.

Plaintiff allegedly suffered from a dislocation of recently revised hip replacement resulting in additional surgeries. Plaintiff claimed approximately $100,000 in past medical expenses and no lost wages.

Breast Implant Damage After Tractor-Trailer Accident

A woman who suffered leaking breast implants after an accident with a tractor-trailer settled her case for $200,000.

Plaintiff, a female in her late 30's, was driving on Interstate 95 when she slowed for traffic. Defendant Tony Bass, who was driving a tractor-trailer at approximately 50 mph, rear-ended another vehicle and then rear-ended plaintiff's truck. As a result, plaintiff's truck was pushed into the vehicle in front of her at an angle. Plaintiff's truck was totaled in the collision.

Plaintiff alleged defendant was negligent in failing to maintain a clear distance ahead and driving too fast for conditions. Plaintiff claimed to suffer chest trauma resulting in damage to breast implants with leaking from the implants and asymmetry of plaintiff's breasts. The implants were surgically removed and new implants were inserted. Plaintiff also sustained lacerations to the head that required sutures and resulted in minor scarring. Plaintiff also alleged to suffer headaches, dizziness and short term memory loss; bruising to both knees, head and chest; pain in the left elbow; and neck and lower back strains requiring physical therapy. Plaintiff claimed $46,861 in medical specials. Plaintiff also claimed some physical limitations as to her ability to exercise particularly weight lifting.

Defendant admitted liability and agreed to a settlement.

Carpenter Injured in Bus Crash Receives Jury Award for Lost Work

A carpenter injured when his bus flipped over claimed he would not be able to return to work as a result of his injuries. Plaintiff's wife was also injured, but settled her claim at the beginning of trial. Defendant contended that plaintiff's injuries were the result of a previous accident. The case was presented to a Fairfax County jury, who awarded plaintiff $70,000 in damages.

Plaintiff Facundo Alvares was operating a church bus on an interstate. Defendant Kevin Burrell was driving on the same interstate and in the same direction as plaintiff. Defendant reportedly passed in front of the bus and cut off its lane of travel. Plaintiff swerved quickly in an attempt to avoid a collision and the bus overturned. Plaintiff and his wife, Maria Alvarez, were injured in the accident. Maria suffered soft tissue injuries as a direct result of the collision. She settled her claim for $17, 500 just after the jury was impaneled.

Plaintiff alleged he suffered soft tissue back and shoulder injuries and a herniated lumbar disc that required surgery. Plaintiff further alleged he would not be able to return to work due to his injuries.

Defendant admitted liability, but disputed the proximate cause of plaintiff's injuries. Defendant contended that plaintiff had a prior workers' compensation claim for the same type of injuries.

Defendant admitted liability, but disputed the proximate cause of plaintiff's injuries. Defendant contended that plaintiff had a prior worker's compensation claim for the same type of injuries.

Plaintiff was a married Hispanic male in his 50's employed as a carpenter and brick layer.

Soft tissue back and shoulder injuries, as well as a herniated disc at L4-L5 requiring surgery and resulting in some permanent disability. Plaintiff claimed he could not work again. He sought $100,000 in past medicals and $300,000 in future wage loss.

Foot Amputated After Bunion Surgery

A Roanoke City Circuit Court jury awarded $3,500,000 to 63-year-old podiatry patient who alleged a partial amputation of her foot was necessary after the defendant podiatrist improperly removed a bunion.

Plaintiff Donita Franklin a local factory worker in Roanoke, had bunion removal surgery in March 2003. The procedure, an osteotomy, was performed by Defendant Jennifer Keller Feeny, M.D. of Shenandoah Podiatry Associates. Following the osteotomy, plaintiff suffered from severe pain and ultimately she required partial amputation of the right foot.

Plaintiff alleged defendant did not cut her bone straight and did not properly place the screws, which caused the bone to bend and separate and made it unable to properly heal. She claimed the misalignment caused the foot bones to rub together and resulted in excruciating pain and the need for a partial foot amputation. Plaintiff claimed she was unable to get around without the use of a wheelchair or crutches, not was she able to do the fun and active things she used to do. She also alleged defendant did not inform her of the complication she could expect with the surgery. In her complaint plaintiff asked for $3,000,000 in damages.

Defendants denied plaintiff's allegations and contended that Feeny was not negligent in performing surgery on the bunion. Defendants also contended that plaintiff suffered from a rare surgical complication known as complex regional pain syndrome which could not have been prevented and has no known cause. Defendants argued that nothing Feeny did or failed to do contributed to plaintiff's problems. Plaintiff suffered from improper bunion removal and lack of informed consent, resulting in permanent foot pain and the need for a partial right foot amputation.

Stay-at-home Mom Killed in Nelson County Accident

Plaintiff was the executrix of her 48-year-old sister's estate. Decedent was a married mother of two young girls, ages 9 and 12. The decedent and her two daughters died in a car accident in Nelson County in 2007.

The now deceased mother was not employed at the time of the accident but was planning to begin a part-time job when the children went back to school in the fall. There were no appreciable special damages in this case. The case settled n mediation for $1,250,000.

Plaintiff's attorneys were J. Gregory Webb and M. Bryan Slaughter of Charlottesville, Virginia.

$2,787,000 Settlement for Rear-end Collision

Plaintiff suffered from epilepsy, neck and back injuries after he was in a rear-end collision. Plaintiff was the passenger in the front seat of a van driven by his wife. Hey were attempting a left turn off of a highway when they were struck from behind by the defednat who was driving a corporately owned dual-wheeled pickup truck. The force of the collision was severe enough to cause the collapse of both the driver and the plaintiff's seatbacks.

At the time of the accident the plaintiff was disoriented but made no complaints to the EMT or the emergency room physicians of loss of consciousness or head injury. During the following two months after the collision, the plaintiff was treated for traditional soft tissue injuries to his cervical and lumbar areas.

Approximately three months post-collision, the plaintiff suffered his first seizure. After testing and treatment of the plaintiff revealed that he did in fact have seizures and his neurologist causally connected the seizures to the collision. The seizures have continued since and are not controlled with medication.

The defense stated that the defendant was not negligent because the van stopped suddenly and without warning, and that the plaintiff did not suffer traumatically induced seizures from the collision, but had vassordepressor and/pr neurocardeogenic syncope (fainting) that was entirely unrelated to the collision.

The jury gave a verdict of $2,787,000 based on past medical bills and estimation of future costs of medication over his life expectancy.

Three Insurers Participate in $1,100,000 Settlement

Plaintiff sustained serious and life-threatening injuries in an accident in Leesburg while operating a truck on behalf of his employer. Defendant ran through a stop sign and struck plaintiff's vehicle, causing plaintiff to be ejected from his truck.

Defendant denied liability in his answer but had pleaded guilty in traffic court to a charge of improper driving after initially being charged with reckless driving. Plaintiff's counsel were able to use this admission of guilt in negotiations.

The liability carrier had only a $50,000 liability policy. Plaintiff had a $100,000 policy on his own vehicle and there was a $1,000,000 umbrella policy on the company truck that the plaintiff was driving at the time of the accident. The case settled for policy limits and the worker's compensation carrier voluntarily agreed to reduce the lien by approximately $300,000 due to the severity of the plaintiff's injuries.

Plaintiff's alleged injuries included fractures of femur, pelvis, clavicle, ankle, urologic dysfunction, permanent right foot drop and memory impairment.

Plaintiff's attorneys were Michael J. Holleran of Reston and William J. Virgulak of Leesburg.

Logs Crush Vehicle In Tractor-Trailer Accident

On June 6, 2005, the plaintiff was traveling southbound and stopped at a traffic light in the far left lane at the intersection of Route 28 and Frying Pan Road in Fairfax County. The defendant was traveling northbound on Route 28 in his tractor-trailer, which was carrying a load of large tree logs.

The defendant swerved to avoid hitting a vehicle that had stopped in front of him, clipped the vehicle and entered the intersection fish-tailing out of control. The tractor-trailer flipped over on its side and the logs crashed down upon the plaintiff, shattering all of the windows on the driver's side of her car and the back windshield. The defendant was charged with reckless driving and accepted liability.

The plaintiff's alleged injuries included multiple contusions, neck and back pain, headaches, anxiety, trouble sleeping, a mild concussion, post traumatic stress disorder, left hip pain and right wrist pain. Her wrist was surgically repaired for a tear of the triangular fibrocartilage (TFCC). She was treated by a neurologist and an orthopedic surgeon. She was 20 years old at the time of the crash. Her medical bills totaled $50,643.72. Her case settled for $300,000.

The plaintiff was represented by Barbara S. Williams of Leesburg.

Intersection Accident Causes Brain, Neck, and Back Injuries

On May 28, 2004, at approximately 11:30 pm the plaintiff stopped at the intersection of King Street and Market Street in Leesburg for a red light. When the light turned green, she proceeded through the intersection and was struck by the defendant on the driver's side of her car.

The plaintiff's vehicle spun around and stopped, facing north in the southbound lane of King Street. The plaintiff's head hit and shattered the driver's side window. The defendant was charged with drunken driving and had a blood alcohol level of 0.14 percent, although proof of intoxication was limited because the defendant never complied with deposition subpoenas.

The defendant accepted liability but rejected the amount of damages arguing the plaintiff had an anxiety problem prior to the accident.

The plaintiff had lacerations on her scalp; a mild traumatic brain injury; dizziness; upper back and neck pain. As well as pain in her left shoulder and left wrist; pain in her neck and head and weakness in her left wrist. She suffers from headaches and pressure sensation on the top and back of her head.

She was diagnosed with post-concussion syndrome and mild cognitive deficits. She also suffers from anxiety, memory loss, difficulty concentrating and focusing and problems with organizational skills. She was treated by a neurologist and neuropsychologist. Her medical bills totaled $36,734.70. Her case settled for $125,000.

Plaintiff was represented by Barbara S. Williams and Cory Ford of Leesburg.

$875,000 Settlement for Vocal Cord Injury

Plaintiff, a 56-year-old legal secretary, had been treated by the defendant an anesthesiologist specializing in pain management from headaches. After prior successful radio frequency neurolysis the plaintiff underwent a second procedure at five levels in which she experienced hoarseness and right vocal fold paralysis immediately following the procedure. She was referred to an ear, nose, and throat specialist who then diagnosed plaintiff with right recurrent laryngeal nerve injury.

After a conservative course of treatment was not successful, thyroplasty (a surgical technique designed to improve the voice by altering the cartilages of the larynx (the voice box), in order to change the position or length of the vocal folds) was performed to improve the plaintiff's voice and reduce aspiration. Thyroplasty produced a good result for these symptoms but the plaintiff developed and continued with chronic, choking cough. She was admitted to the ICU for five days two months before trial. She continued working, with absences for treatment of her cough, and she had difficulty sleeping.

Plaintiff's expert testified in deposition that damage to the recurrent laryngeal nerve should not occur during the procedure. Defendant designated two well published experts who were prepared to testify that fluoroscopy images taken during the procedure proved the defendant's needles were properly placed and that these could not have caused injury to the recurrent laryngeal nerve. The case settled six weeks before trial.

$2,500,000 Settlement for Highschool Honor Student Injured In Tractor-Trailer Collision

Plaintiff, a 17-year-old high school honor student who was also an accomplished football player and wrestler, was on his way to work at his summer job at a restaurant in Wise, Virginia. He was traveling on a four-lane divided highway near Coeburn, Va. when a tractor-trailer traveling in the opposite direction crossed the median and struck plaintiff's car, knocking it over the side of a mountain and the plaintiff was ejected from the vehicle.

The plaintiff's injuries were initially considered to be life threatening, however, after plaintiff's condition stabilized doctor's were unsure if they would be able to save the plaintiff's leg. Plaintiff then spent a week and a half in a drug-induced coma and doctors were thankfully able to save his leg.

Plaintiff's injuries included a closed-head injury, fractured hip and pelvis, crushed ankle, and extensive scarring all over the body. He will require future hip replacement and scar revision. He will also probably require ankle fusion surgery in the future. He is undergoing pain management and is taking approximately 25 pills per day. Because of his medication he surrendered his driver's license. Plaintiff also has cognitive impairment as a result of his closed-head injury.

On August 8, 2008 the parties were able to reach a settlement of $2,500,000/ Plaintiff was represented by James N.L. Humphreys and Jimmie C. Miller of Kingsport, Tennessee.

Retained Surgical Towel Case Settles for $150,000

A patient who required a second surgery after a towel was left in the patient's body after an abdominal surgery settled a medical malpractice claim for $150,000, plus a waiver of all hospital charges related to the second operation.

Plaintiff presented to defendant surgeon for abdominal surgery. A surgical towel was accidentally left in the plaintiff's body after the abdominal surgery. Six weeks later, a routine examination of the patient revealed the towel's existence and it was surgically removed. Plaintiff was left with permanent surgical scarring but no functional impairment.

Plaintiff alleged defendant was negligent in failing to ensure all apparatus used during surgery were accounted for prior to closing the abdomen.

Defendant agreed to settle the claim for $150,000 and waive the charges for the surgery to remove the two. Further details surrounding this case were confidential pursuant to the settlement agreement.

Elderly Passenger Settles Claim With Husband for Hip Fracture

A $192,000 settlement was reached in a motor vehicle case after an elderly woman sued her own husband for injuries she sustained in a car crash.

Plaintiff, an 81 year old female, was a passenger in a vehicle driven by her husband, the defendant. The couple was traveling in Pennsylvania when the defendant lost control of the vehicle and crashed the car.

Plaintiff alleged defendant was negligent in failing to maintain proper control of the vehicle while making a turn. She claimed she suffered a fractured hip for which she underwent rehabilitation at a nursing home. Her injuries included a comminuted fracture of the proximal femur necessitating open reduction with internal fixation at the hip.

Defendant agreed to settle this case for $192,000.

Trucking Company Pays $700,000 to Injured Motorist

A tractor-trailer driver attempting a U-turn was blamed for a collision that caused plaintiff to sustain multiple leg fractures. Defendant initially maintained that the plaintiff had contributory negligence because he was speeding and was therefore barred from recovery.

On March 4, 2006, Plaintiff Noble Price, a 27 -year-old male employed as a truck driver, was driving eastbound on U.S. 460, which had a posted speed limit of 60 mph. Plaintiff was driving a 2005 Chevrolet truck that hit a tractor-trailer operated by Andras Rodriguez, who was employed by Defendant Trailiner Corporation.

Rodriquez was attempting to make a U-turn at an intersection in a 2006 Freightliner tractor-trailer. He was blocking both eastbound lanes on U.S. 460 when the accident occured. The investigating state trooper cited Rodriguez for reckless driving, but Rodriguez was later acquitted of the charge. The black box retrieved from plaintiff's truck showed that he was speeding at the time of the accident.

Plaintiff alleged Defendant Trailiner Corporation was vicariously liable for its employee's actions. Plaintiff claimed the accident was the proximate cause of his leg, heel, and foot fractures. His alleged injuries included a grade one open right femur fracture; a closed right comminuted calcaneus (heel) fracture; right navicular (mid-foot region below the ankle) fracture; multiple facial lacerations; post-traumatic degenerative joint disease; and right subtalar calcaneocuboid joint. Plaintiff claimed $85,926 in medicals and $32,230 in wage loss.

Defendant initially denied the allegations and put forth a theory of contributory negligence because the plaintiff was speeding at the time of the accident. However, defendant ultimately agreed to a $700,000 settlement.

$45,000 Settlement for Drunk Driving Accident

Plaintiff Alice Ross, a 50-year-old magazine editor, was operating a Toyota Camry southbound on Hunter Mill Road, a narrow dark country road where the speed limit is 35 mph. It was shortly before midnight when she was hit by a northbound Chevy Tahoe operated by Defendant Stephen Bilowus. Defendant, who was 18 at the time of the accident, had been drinking alcohol at a party earlier in the evening and was attempting to pass another vehicle at the time of the collision. It was estimated that his speed was approximately 60-65 mph at the time of collision.

After the collision, Plaintiff was trapped in her car and the Jaws of Life had to be used to extricate her. She was rushed from the scene of the accident by helicopter to the emergency room. Plaintiff was released less than three hours later with minor cuts, abrasions, and bruises. Defendant had a blood alcohol content (BAC) of .09 to .11. A passenger in his vehicle was ejected and sustained serious multiple injuries. Both vehicles were totaled in the collision.

Plaintiff alleged that defendant was negligent in operating his vehicle at a high rate of speed while under the influence of alcohol and attempted to pass another vehicle when it was unsafe to do so on the dark and narrow road. Plaintiff allegedly incurred minor cuts, abrasions and bruises resulting in permanent scarring on the face as a direct result of the accident. Plaintiff claimed less than $2,900 in medical expenses.

Plaintiff claimed she was entitled to punitive damages under common law because her injuries were caused by a drunk driver with a BAC of .09 to .11 Plaintiff noted that, although defendant's BAC was below what ordinarily is required by statute of statutory punitive damages, his BAC was five times higher than permitted by law for someone under the age of 21.

Defendant initially demurred to plaintiff's count seeking punitive damages. The demurrer was overruled with the judge commenting that he could not decide as a matter of law that no rational jury would ever find that defendant's conduct did not evident a conscious disregard for the right of others or that a jury could not find punitive damages under the circumstances in this case. After discovery was completed, defendant filed a motion in limine to exclude plaintiff's punitive damage evidence, but the motion was denied. Defendant offered to settle the case for $45,000 on the morning of trial.

$500,000 Settlement For Injured Motorist

A woman who alleged severe injuries following a disputed liability collision settled her claim for $500,000 prior to trial. Defendant disputed liability but ultimately agreed to the settlement.

Plaintiff a 42-year-old female, Tonia Saldana, was driving west in the left lane on Midlothian Turnpike. Plaintiff was approaching the intersection of Salisbury Drive and had the right-of-way. Defendant Jocelyn Juliano was traveling in the opposite direction on Midlothian Turnpike and attempted to make a left turn onto Salisbury. Defendant was in the left turn only lane when her vehicle collided with plaintiff's vehicle.

Plaintiff alleged defendant was negligent in failing to yield to the right-of-way and keep a proper lookout. Plaintiff claimed she sustained severe wrist and knee injuries requiring several surgeries as a direct result of the accident.

Defendant denied any liability and stated that she had the right-of-way.

Plaintiff alleged injuries a displaced right patella tendon avulsion fracture; left scaphoid fracture; knee and leg sprain; left wrist contracture; contusions; and abrasions. Two surgeries were performed on the wrist and a surgery and arthoscopy were performed on the knee. Plaintiff also claimed some permanent functional impairment. She sought $106,169 in past medical bills and $7,497 in past wage loss.

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

Cause of Soft Tissue Injury Disputed in Car Accident

An Arlington County jury awarded plaintiff $45,000 in a case arising from a rear-end collision. Plaintiff alleged defendant was negligent and the accident was the proximate cause of his injuries. Defendant contended that not all of the medical treatment plaintiff received was necessary and that plaintiff exaggerated the extent of the injuries.

On June 10,2005 Plaintiff Enos Charley, a 66-year-old security officer, stopped his vehicle for traffic and was subsequently rear-ended by a vehicle driven by Defendant Mark Hopkins. Property damage to the plaintiff's vehicle was moderate.

Plaintiff alleged defendant was negligent in failing to keep a proper lookout and maintain control of his vehicle. Plaintiff stated that the accident was the proximate cause of the soft tissue injuries to his neck and back. Plaintiff maintained that he continued to suffer residual back pain after the conclusion of physical therapy which occurred for two months after the accident.

Plaintiff's treating internist stated that the injuries to plaintiff's neck and back were proximately caused by the motor vehicle accident, but the physician could not c omment as to the permancy of the injuries.

Defendant admitted liability, but disputed causation. Defendant contended plaintiff deserved some treatment, but said the treatment he received was excessive. Defendant stated that any intermittent pain or injuries other than simple soft tissue injuries were not related to the accident.

The plaintiff had incurred an emergency room bill, as well as approximately $12,000 in medical specials and $2,200 in wage loss.

The plaintiff's attorney was Benjamin N.A. Kendrick

$650,000 Settlement For Renal Failure, Sepsis, Death Following Podiatric Surgery

On May 7, 2006, plaintiff's decedent, Jane Doe, went to the emergency department of a local hospital complaining of pain in her left calf and a recent onset of blisters around her left ankle. Her skin turgor (the normal fullness or tension produced by the fluid content of blood vessels) was assessed as "poor" indicating dehydration. Three days earlier, Doe had undergone a podiatric surgical procedure commonly known as a "hammer toe release". The surgery went as had been expected and her podiatrist prescribed Keflex, an antibiotic, and Tylenol #4 for pain relief.

During her visit to the emergency department, Doe came under the care of a resident in training who was working at the emergency department under an affiliation agreement with an area teaching hospital. This particular agreement allowed third-year emergency medicine residents to rotate through the emergency department while physician members of the private emergency medicine practice, who staffed the hospital's emergency department, were responsible for training the residents and were ultimately responsible for all aspects of patient care. The defendant physician was the privat