Virginia Lawyers Weekly

Zoll v. Werner Enterprises Inc.

Type of Case: Traumatic brain injury

Court: Norfolk Circuit Court

Attorneys: Stephen M. Smith, Hampton; Edward E. Scher, Richmond; Carlton F. Bennett, Virginia Beach

Summary: A woman who had been disabled by a brain injury in 1987 was a passenger in a car that was rear-ended on Interstate 295 in Hanover County in October 2003.

Her attorneys demonstrated that the woman, who was 60 at the time of the crash, had worked hard to compensate from the first brain injury and had made substantial progress, even though it prevented her from maintaining sustained employment. She incurred $288,000 in medical bills for treatment related to the second crash, and a life care planner projected that it would require almost $4 million to take care of her for the rest of her life.

The case is on appeal to the Supreme Court of Virginia.

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