Defendant admitted fault in note to recovering plaintiff – $1,250,000 Settlement

The 75-year-old plaintiff was struck from behind at a high rate of speed by a full size pick-up truck after he slowed for backed up traffic on Route 33 in Hanover County. The defendant, a young college student from Colorado, was operating a truck owned by his parents while visiting his family over the summer. Liability was never contested, as the defendant left a note for the plaintiff at the hospital in which he admitted fault for the accident and expressed his remorse.

The plaintiff had to be extracted from his vehicle, which was demolished in the collision. The plaintiff was induced into a coma and remained in the critical care unit at VCU Medical Center for approximately three weeks. He was thereafter transferred to a stepdown facility at Kindred Hospital for approximately one month, and then spent two more weeks at Health South Rehabilitation Hospital.

The plaintiff, who was extremely active and still performing daily farm work at the time of the accident, experienced such an exceptional recovery that he was released by the physicians treating his traumatic injuries eight months after the accident. Despite a neuropsychological evaluation that revealed a cognitive disorder attributable to his mild traumatic brain injury, the plaintiff discontinued therapy after just one session. No specific future medical treatment could be attributed to the accident even though the plaintiff’s physicians agreed that the trauma exacerbated preexisting conditions that included COPD, congestive heart failure, and pulmonary edema.

Following an asset search and a coverage affidavit from the defendant, the case settled for the available coverage limits which included both liability and umbrella policies maintained by the defendant’s parents. Defense counsel initially demanded that the settlement checks be made payable jointly to Medicare or that there be no disbursement until receipt of Medicare’s final demand letter. The parties eventually agreed that plaintiff’s counsel would escrow 120 percent of the amount listed in Medicare’s last conditional payments letter.

[12-T-162]

Type of action: Personal injury – automobile accident
Injuries alleged:  Subarachnoid hemorrhage of left temporal lobe, closed head injury, mild traumatic brain injury, pneumothorax, hemothorax, lung laceration, pulmonary contusion, comminuted T-7 fracture, multiple rib fractures, respiratory failure, traumatic pneumonia, kidney hematoma, and left frozen shoulder
Name of case: Lassiter v. Hughes
Court: U.S. District Court – Richmond
Verdict or settlement: Settlement
Amount: $1,250,000
Attorneys for plaintiff: Craig B. Davis, Richmond
Plaintiff’s experts: Dr. Roger Giordano, physiatrist; Dr. George Maughan, family practice; Dr. Jennifer Morgan, neuropsychologist; Dr. Therese Duane, trauma surgery; Dr. William Broaddus, neurosurgery