Workman struck by vehicle on shoulder of Route 29 – $475,000 Verdict

The plaintiff in this case was struck by a vehicle while working alongside Route 29 in Pittsylvania County. The plaintiff was outside of his work truck on the right shoulder when he was struck by the defendant. The plaintiff sustained tib-fib fractures to the right leg and developed compartment syndrome. He incurred approximately $70,000 in medical bills and $30,000 in lost wages.  He was left with scarring to both legs and continued to experience pain and swelling to the right leg.

The defendant had $25,000 in coverage. The UIM carrier offered $175,000 one week before trial.

The plaintiff’s proximity to the work truck and what he was doing were in question. The UIM carrier refused to pay the balance of the verdict and the plaintiff filed suit for breach of contract in Danville federal court. The case subsequently settled.

Type of action: Personal injury – auto accident
Injuries alleged: Tibia and fibula fractures to the right leg, compartment syndrome
Name of case: Zacarias v. Wainwright
Court: Pittsylvania County Circuit Court
Case no.: CL11000402-00
Tried before: Jury
Date: Feb. 4, 2013
Special damages: $80,000 in medical bills; $30,000 in lost wages; no futures
Demand: $350,000
Offer: $175,000
Verdict or settlement: Verdict
Amount: $475,000
Attorney for plaintiff: Edmund C. Meade
Attorney for defendant: Dannell Duddy