Virginia Lawyers Weekly

The plaintiff, a male who was 81 years old at the time of the incident, called his roadside assistance service after his car broke down on the side of Interstate 64 east of Richmond.

The roadside assistance provider contacted a local towing company, which sent a tow truck and driver to assist the plaintiff.

The tow-truck driver winched the plaintiff’s vehicle, a heavy, older-model car, onto the extended flat bed of the tow truck, at approximately a 35 degree angle. When the vehicle was halfway up the extended flatbed, the vehicle came loose and rolled backward onto the plaintiff (who was standing behind his vehicle on the highway side of the centerline) at the point of his right femur. Plaintiff sustained a comminuted fractured femur, dislocated left hip and some minor abrasions.

Plaintiff was rushed via ambulance to VCU Medical Center. His hip was set in the emergency room by closed reduction and required no further treatment. His femur required open reduction internal fixation by intramedullary nailing.

The plaintiff had slightly in excess of two weeks of post-operative, in-hospital occupational and physical therapy. After discharge from the hospital, he had three orthopedic follow-up office visits over a four-month period.

Plaintiff was then discharged by the treating orthopedic physician with full femur fusion, no limitations on activities of daily living or otherwise, and no anticipated residuals or permanency.

Medicare’s net lien was $26,349. The defense strenuously argued contributory negligence on the part of the plaintiff.

The case settled at mediation for $535,000 plus mediation costs.

[09-T-088]

Type of Action: Personal injury
Type of Injuries: Fractured right femur, dislocated hip and abrasions
Name of Case: Confidential
Special Damages: Medical bills of $140,000; lost wages of $127,646 (non-wage, S corporation pass-thru income for eight weeks of down time)
Verdict or Settlement: Settlement
Amount: $535,000
Attorneys for Plaintiff: Mahlon G. Funk Jr. and Jacqueline C. Hedblom, Richmond

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