Virginia Lawyers Weekly

Plaintiff was traveling eastbound in the right lane of the U.S. 250 bypass in Charlottesville at approximately 9:30 p.m. on the date of the accident. The defendant’s vehicle was proceeding westbound on U.S. 250 when the defendant suddenly became distracted and her vehicle crossed over the median and two lanes of roadway and struck the plaintiff’s vehicle head on.

Photographs of the plaintiff’s vehicle revealed extensive damage to the entire front end of her car.

Plaintiff was transported from the scene to the University of Virginia Hospital where she was treated in the emergency room.

Records revealed a closed head injury, right fibula fracture, multiple scrapes, bruises to the left side of her face and soreness in her neck. The emergency room report noted that the patient was “a disoriented person / place / time” and “does not know the month.”

The records also revealed that she lost consciousness as a result of the accident and had amnesia due to the event. Plaintiff was placed in a cast and used crutches to walk for six weeks but had a complete recovery from the fractured fibula. Plaintiff suffered injuries to a tooth on the left side her mouth which was ultimately treated by her dentist with a root canal followed by restoration of the tooth with a cast metal crown.

Due to constant headaches following the accident, plaintiff sought an evaluation by a neurologist. She complained of headaches, dizziness, burning tongue and a decreased appetite. Her neurologist recommended an EEG and noted on review of the film that there was an irregular theta activity as revealed by the test. He noted that this activity was in the left hemisphere as compared to the right, which was consistent with bruising and a bump to the left side of her face caused by the accident.

The neurologist believed that she had suffered cerebral injury to the temporal lobe on the left side of her head consistent with her headache complaints. The plaintiff had no history of prior problems with headaches prior to the accident. As part of the treatment plan, the plaintiff underwent acupuncture treatment, which relieved headaches somewhat. She noted, however, that when she ceased treatment, the frequencies of the headaches would return.

[09-T-076]

Type of Action: Personal injury – head-on automobile collision
Type of Injuries: Closed head injury, right fibula fracture, multiple scrapes, facial bruising and neck soreness
Name of Case: Elizabeth Manierre v. Elizabeth Ash
Tried Before: Mediation
Special Damages: Medical bills - $22,211.44
Verdict/Settlement: Settlement
Amount: $242,500
Plaintiff’s Attorneys: Paul A. Morrison and Blair D. Howard, Warrenton

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