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Both parties claimed to have right-of-way in auto accident – $100,000 Verdict

Virginia Lawyers Weekly//October 28, 2013

Both parties claimed to have right-of-way in auto accident – $100,000 Verdict

Virginia Lawyers Weekly//October 28, 2013

The plaintiff was traveling westbound in the left through lane of E. Little Creek Road in Norfolk with a claim of a solid green light. Defendant was traveling eastbound on the same road, attempting to exercise a U-turn from the opposite direction, with a claim of a left green arrow and that plaintiff ran a red light. There was significant front-end damage to plaintiff’s SUV and relatively minor damage to the passenger side bed of defendant’s Ford pick-up truck.

The plaintiff suffered soft tissue injuries to her neck and shoulders, as well as a C6-C7 small herniated disk with nerve impingement and radiating pain into her right arm. Plaintiff’s first treatment was an ER visit eight days after the accident with no claim of injury at the scene. She was treated through the military at the Portsmouth Naval Hospital, and received limited orthopedic treatment and physical therapy over the next 20 months.

There were no independent witnesses who saw the collision. Liability was denied from the outset. The plaintiff’s treatment was entirely through the U.S. Navy and while bills totaling $2,200 were prepared, the plaintiff chose not to introduce them. Defendant did introduce plaintiff’s limited bills. The damages instruction was for past, present and future pain and suffering, mental anguish and inconvenience only.

[13-T-150]

Type of action: Personal injury – automobile accident
Injuries alleged: Soft tissue injuries to neck and shoulders, C6-C7 small herniated disk with nerve impingement and radiating pain into right arm
Name of case: Brandsema v. Shrewsbury
Court: Norfolk Circuit Court
Case no.: CL12-8784
Tried before: Jury
Judge: John R. Doyle III
Date: Sept. 24, 2013
Offer: None
Verdict or settlement: Verdict
Amount: $100,000
Attorneys for plaintiff: Timothy J. Quick, Virginia Beach; Catherine M. Six, Virginia Beach
Attorney for defendant: John G. Crandley, Virginia Beach
Insurance carrier: State Farm
Plaintiff’s expert: Arthur Wardell, M.D., orthopedics, Suffolk
Defendant’s expert: Neil Pugach, M.D., neurology, Virginia Beach

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