UIM coverage tapped for pedestrian injuries - $295,000 Settlement

By Virginia Lawyers Weekly
Published: June 15, 2009

Plaintiff, a retired Fairfax County elementary school teacher, age 69, was struck by defendant’s motor vehicle in a crosswalk at the Twinbrook Shopping Center in Fairfax County. She suffered a slit depressed (10mm) lateral left tibial plateau fracture and large tear to her left lateral meniscus. The plaintiff submitted to an open reduction and internal fixation using a lateral plateau plate and donor bone. Her left lateral meniscus was extensively sutured.

She was hospitalized for six days and upon discharge was instructed not to bear any weight on her left leg for three months. Two months after her accident, while recovering bedridden at home, she developed massive bilateral pulmonary emboli and a saddle embolism that came close to killing her.

Plaintiff spent six more days in Fairfax Hospital’s ICU. During this time, she was administered tPA, Lovenox and Coumadin, and underwent emergency surgery to insert an IVC Filter. After surgery, she spent nearly three weeks at Woodbine Rehabilitation receiving physical and occupational therapy.

Plaintiff incurred $125,932.59 in medical expenses and will require a total knee replacement in the not too distant future. Her future medical expenses are projected conservatively to be $35,000. The plaintiff submitted to an independent medical evaluation from M.M. Malik, M.D., a board certified orthopedic surgeon with Washington Orthopedic and Knee Clinic. Dr. Malik opined that the plaintiff has been left with a 27 percent permanent partial impairment to her left leg and a significant surgical scar.

State Farm offered its primary $100,000 policy shortly after being notified of the claim. USAA contributed $195,000 of its $200,000 available UIM coverage. The claim settled for a total of $295,000.

[09-T-080]

Type of Action: Personal injury – pedestrian struck by automobile
Type of Injuries: Slit depressed lateral left tibial plateau fracture; large tear to left lateral meniscus
Name of Case: Anne R. D’Aleo v. Cecilia S. Ambrosini
Special Damages: Past medical expenses - $125,932.59; future medical expenses –approx. $35,000
Verdict or Settlement: Settlement
Amount: $295,000
Expert: M.M. Malik, M.D. – orthopedic surgeon
Insurance Carriers: State Farm and USAA
Plaintiff’s Attorney: P. Clark Kattenburg, Fairfax

Comments

Jakelin Lake says:

I just had a comment about the Twinbrooke Shopping Center Layout. Im so unhappy with the way this shopping center allows metro buses to park one behind the other and completely block the view from twinbrook Run Drive onto Twinbrooke Drive. There is an accident waiting to happen, or someone will run over a pedestrian as these buses have no sense of caution when parking and driving away from their stop. I am also upset as the Fairfax County Public school bus for the middle and highschool stops exactly at that corner and kids have to walk at that intersection. I do hope someone can help us make the transportation department be aware of a possible accicent. Who do we approach about this, who will listen, does the school system even cares after all the calls we have made……??? Its puzzling to see what we can prevent but noone really cares…

A concern Fx. Co. Citizen

Posted on 09/27/09 at 11:28 pm

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