Motorist suffers soft-tissue injuries in five-vehicle chain-reaction crash – $95,000 Verdict

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Plaintiff, a 64-year-old residential real estate agent in Northern Virginia, was stopped at a red light when she was struck in a chain reaction rear-end collision involving four other vehicles. There was visible damage to the rear of her car, but little damage to the front end. Plaintiff suffered severe neck strain, headaches and fatigue. She was treated by a physical medicine and rehab doctor, who prescribed massage therapy and physical therapy over a three-year period. Plaintiff claimed $50,000 in lost wages as she was unable to conduct her real estate sales business due to fatigue, drowsiness from medications and difficulty driving due to neck pain. Plaintiff’s physical medicine doctor testified live, while her massage therapist and physical therapist testified via de bene esse depositions.

[09-T-164]

Type of action: Personal injury – rear end collision
Injuries alleged: Cervical strain and headaches
Name of case: Davis v. Bennett
Court: Roanoke City Circuit Court
Case no.: CL08000192-00
Tried before: Jury
Name of judge: Jonathan Apgar
Special damages: $17,800
Verdict or Settlement: Verdict
Amount: $95,000
Date: Aug. 19, 2009
Demand: $70,000
Highest offer: $40,000 (second day of trial)
Expert: Dr. Kathryn Grant, physical medicine
Insurance carrier: Nationwide
Plaintiff’s attorney: Thomas J. Curcio, Alexandria