Witnesses supported claim that rear lights were obstructed – $800,000 Settlement

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Plaintiff was traveling home after visiting with his wife in a local hospital. On his way home, defendant was operating a farm use truck on a dark country four-lane highway. Plaintiff’s car struck the rear of the farm truck at 55mph as the truck was stopped or stopping with obstructed rear lights. The defendant claimed his turn signal was illuminated, but another vehicle’s occupants that passed the truck immediately before the plaintiff would have testified that the rear lights were difficult to see due to mud, debris or other obstructions. The police report noted the rear “running lights” on the defendant’s truck were not operable, but the turn signal may have been on at the time of the accident. Contributory negligence was an issue the jury would have been instructed on and fertile for argument, thereby making settlement the most viable option.

[14-T-186]

Type of action: Personal injury – auto accident
Injuries alleged: Fractures to face, clavicle, neck and hand, requiring multiple surgeries
Name of case: Taylor v. Cutchin
Court: Suffolk Circuit Court
Resolved by: Mediation
Mediator: John Morrison
Date resolved: Nov. 21, 2014
Special damages: Medical bills were approximately $400,000; no lost income claimed
Demand: $1,000,000 policy
Verdict or settlement: Settlement
Amount: $800,000
Attorney for plaintiff: Adam H. Lotkin, Norfolk
Plaintiff’s experts: Multiple trauma and ER doctors at Norfolk General and VCU Medical Center
Insurance carrier: Farm Bureau