NEGLIGENCE – Auto Accident – Interstate Collision

Type of Action – Auto accident

Type of Injuries – Thoracic outlet syndrome, TMJ surgery

Name of Case – Harold v. Thornton

Court/Case No. – Norfolk Circuit Court; 96-2875

Judge or Jury – Jury

Name of Judge – Judge Lydia C. Taylor

Special Damages – $28,000

Awarded or Settled – Awarded

Amount – $250,000

Attorney for Plaintiff – William D. Breit, Chesapeake

Plaintiff’s Experts – Dr. Nelson Karp, Dr. Glenn Nichols, Dr. Wayne Mostiler

Defendant’s Experts – Dr. Neal Morrison, Dr. J. C. P. Collier Jr.

Insurance Carrier – GEICO, Allstate

Highest Offer – $35,000

Lowest Demand – $60,000

Other Useful Information – The plaintiff was a back seat passenger in a vehicle lawfully stopped on the interstate for another vehicle when struck from behind by the defendant’s vehicle, traveling at 65 mph. A second defendant, having run out of gasoline, had stalled on the traveled portion of the roadway. The second defendant settled with the plaintiff for $10,000 prior to trial.

GEICO, who insured the remaining defendant, had policy limits of $25,000. Allstate was the excess carrier with $100,000 limits. GEICO offered its $25,000 policy, but Allstate refused to offer any money in settlement of the case. Allstate filed an answer in its own name, but did not participate at trial.

The plaintiff sustained a soft tissue injury and over a period of two years developed thoracic outlet syndrome, TMJ syndrome and a protruding disk. He was unable to continue working as a furniture mover as a result of the injuries sustained in the accident. He claimed permanent injuries which the defendant denied could have been caused by the accident.

During the course of the trial, the defendant admitted liabilit, according to plaintiff’s counsel. In addition, the defendant made an offer of settlement which the plaintiff was willing to accept in the amount of $85,000. Allstate, who did not participate in the trial of the case, objected to the offer of settlement. The trial court, relying upon State Farm v. Beng, 249 Va. 165 (1995) refused to allow the tort-feasor to confess judgment over the objection of Allstate.

The jury returned a verdict in favor of the plaintiff in the amount of $250,000. The defendant renewed the motion to confess judgment in the amount of $85,000, which the plaintiff was not willing to accept after the jury verdict. The plaintiff is now pursuing an assignment of a bad faith cause of action against Allstate. Two bad faith actions against Allstate are pending in the Hampton Circuit Court, pursuant to Section 8.01-66.1(D) of the Code of Virginia.

[98-T441]