Virginia Lawyers Weekly VA Lawyers Weekly
Plaintiff was the front-seat passenger in her husband’s Toyota sedan, which was T-boned by a vehicle going 60 MPH. The plaintiff said 40-45 MPH, but an independent witness said 60. Plaintiff was ambulatory after the crash, but later developed dizziness, severe headaches, and cognitive difficulties. Two ER visits and one PCP visit were made the first week, which included 2 MRI/CT scans of the brain, to rule out a slow bleed. PT was completed within three months and plaintiff was told to return PRN – but never did since no treatments for a mild TBI exist. Plaintiff compensates for memory issues by using journals and sticky notes. Plaintiff ’s lab director (for a lab that makes life or death decisions for organ donations) testified that plaintiff worked with the director three days before the trial and that plaintiff was still not back to her pre-crash performance. Plaintiff’s husband told of her forgetting that he had gotten her a present upon returning from a trip.
Jury deliberated for an hour and a half.
[16-T-080]
Type of action: Personal injury
Injuries alleged: Cervical soft tissue, contusions to left calf, hip and mild traumatic brain injury with 3+ years sequellae.
Name of case: McCann v. Michaels
Court: Chesterfield County Circuit Court
Case no.: CL15-835
Tried before: Jury
Name of judge: Hon. Timothy Hauler
Date resolved: April 18, 2016
Special damages: Medical specials of $22,123.14 and lost wages of $4,484.62
Demand: $55,000.00
Offer: $45,000.00
Verdict or settlement: Verdict
Amount: $65,000.00
Attorney for plaintiff: Mark S. Paullin, Richmond
Attorney for defendant: Temple Cabell, Richmond
Plaintiff’s experts: Dr. William Walker (Neurologist, MCV) and Dr. Thomas Epperson, Jr. (MCV Nelson Family Clinic)
Defendant’s experts: None
Insurance carrier: Allstate (primary $50,000 limits) and Erie (UM $100,000 limits)
