Highway inspector struck by motorist on I-295 – $1,700,000 Settlement

Plaintiff was a 41-year-old divorced man who worked as a highway construction inspector. Near midnight on July 1, 2010, the plaintiff positioned his work truck, a leased vehicle, in the safety zone of a VDOT work site on Interstate 295 in Henrico County. His truck was specially equipped with an amber flashing light, other lights were on and he was wearing a lighted helmet and reflective clothing. The plaintiff was outside of his vehicle when the defendant driver drove his vehicle into the area set off by safety cones hitting the plaintiff at a speed greater than 50 mph.

The plaintiff has no memory of one week before the accident until about two months after. He was rushed to VCU Medical Center with life-threatening injuries. The plaintiff suffered a thoracic aortic injury, transected celiac artery, pleural effusion and more than 25 open and closed fractures.  He was hospitalized at VCU for 39 days and then moved to inpatient rehabilitation for 52 days.  As of 18 months post-accident, the plaintiff has not been able to return to work.

Plaintiff filed a civil action in Henrico County Circuit Court and a declaratory judgment action in federal court.  Plaintiff claimed $2,100,000 in total available coverage, but this amount was contested by all UIM carriers, who claimed their coverage did not apply because plaintiff was not “using” the vehicle pursuant to Va. Code § 38.2-2206, and that only $100,000 in liability coverage was available.

Following discovery and several depositions of the police officers, state troopers and rescue personnel, the case was mediated before Judge Dennis W. Dohnal and resolved.

[11-T-179]

Type of action: Personal injury – declaratory judgment action
Injuries alleged: Thoracic aortic injury, transected celiac artery, pleural effusion and more than 25 open and closed fractures
Name of case: Confidential
Court: U.S. District Court – Eastern District of Virginia
Tried before: Mediation
Mediator: Dennis W. Dohnal
Date: Oct. 21, 2011
Verdict or settlement: Settlement
Amount: $1,700,000
Special damages: More than 1,000,000 in medical expenses and lost wages.
Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor and Elliott Buckner, Richmond
Plaintiff’s experts: John J. Rasmussen, insurance coverage; Craig B. Davis; workman’s compensation lien issues