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#13 – $2.22 million

By Sarah Rodriguez
Published: January 28, 2009

Barnes v. Mitchell

Type of Case: Above-knee amputation, pelvic fracture in traffic crash involving police car

Attorneys: John C. Shea, Andrea J. Geiger, Louis D. Snesil, Richmond

Summary: The 18-year-old plaintiff was a passenger in a tow truck that crashed when a police officer attempted to move between the tow truck and a tractor-trailer as the tow truck was passing the tractor trailer. The driver was killed, and plaintiff suffered lower leg fractures that required an above-knee amputation.

The policeman was responding to a murder investigation in Waverly, but the trial judge ruled that he did not have sovereign immunity because the circumstances showed there was no need for undue haste.

Settlement of the case was complicated by claims by the estate of the driver of the tow truck and of another passenger.

Plaintiff accepted a structured settlement with a present value of $2.22 million and a lifetime payout of $6.69 million.


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