Virginia Lawyers Weekly VA Lawyers Weekly
On Oct. 16, 2008, at about 5:30 a.m., the plaintiff was on her way to work, traveling westbound on Staples Mill Road. It was dark outside and the road was poorly lighted. Plaintiff alleged that a box truck operated by defendant Townsend darted out from a public storage business, causing plaintiff to crash into the driver’s side of the truck cab.
Defendants contended that Towns-end looked both ways before pulling out, pulled half-way across the road waiting for eastbound traffic to clear, and intended to turn left into the eastbound lanes of Staples Mill Road.
Defendant Townsend alleged at the scene that plaintiff’s headlights were not illuminated. The investigating officer confirmed from inspecting the light filaments that plaintiff’s headlights were illuminated. Expert Mike Greenfield also opined that the headlights were illuminated. He also downloaded the Event Data Recorder on plaintiff’s car and opined that she was traveling under the speed limit at the point of impact.
Defendants denied that Townsend darted out and contended that plaintiff was contributorily negligent for failing to see the large, white truck which they contended was across the road for some time prior to the impact. Defendants’ case was bolstered by the fact that plaintiff was legally blind in one eye and had a cataract in the other eye. Plaintiff was stomping on her brake pedal when her car went from approximately 33 mph to zero in a millisecond, and her right heel fractured in multiple pieces.
[09-T-188]Type of action: Motor vehicle crash
Injuries alleged: Calcaneus fracture
Name of case: Linda Edwards v. Miranda Townsend and Professional Expediter Services LLC
Court: Richmond Circuit Court
Case #: CL09-227
Special damages: Medical bills – $121,000
Verdict or Settlement: Settlement
Amount: $555,000
Date: Nov. 18, 2009
Experts: J. William Van Manen, MD, Advanced Orthopedics, and Mike Greenfield, Crash Teams
Insurance carrier: Specialty Claims Inc.
Plaintiff’s attorney: Michael G. Phelan, Richmond
