Virginia Lawyers Weekly VA Lawyers Weekly
The plaintiff was a passenger in a car being driven by one of his friends. They were going to the Walmart in Chesapeake off Battlefield Boulevard. As they were circling into the Walmart parking lot on Walmart Way, another car coming in the other direction drifted into their lane of travel and hit them head-on. The plaintiff suffered a labral tear, which necessitated arthroscopic surgery to repair.
There were really no issues to speak of in the case other than value. The defendant’s carrier put its money on the table immediately. The first layer of UIM coverage from Erie Insurance also put its money on the table immediately. State Farm controlled all of the money over $100,000, but would only offer $25,000, with no real explanation as to why.
[14-T-164]Type of action: Personal injury
Injuries alleged: Labral tear, which necessitated arthroscopic surgery to repair
Name of case: Austin v. Lemke
Court: Chesapeake Circuit Court
Case no.: CL13-0540
Tried before: Jury
Judge: Randall D. Smith
Date resolved: Oct. 31, 2014
Special damages: Medicals – $48,000; lost wages – $7,000
Demand: $250,000
Offer: $125,000
Verdict or settlement: Verdict
Amount: $400,000
Attorneys for plaintiff: Thomas B. Shuttleworth and Robert J. Haddad, Virginia Beach
Attorney for defendant: Mary Margaret Lyons, Norfolk
Plaintiff’s experts: Lawrence M. Shall, MD; Mark A. Bewley, MD; Darryl MacDowall, MD
Defendant’s experts: None
Insurance carrier: Nationwide
