Plaintiff was a tow truck driver responding to a call on the highway. Defendant, an intoxicated driver with a blood alcohol content of twice the legal limit, ran into the rear of the vehicle that plaintiff was attempting to secure to the tow truck.
The impact caused a concussion, a displaced fracture in plaintiff’s clavicle, a broken ankle bone, and injuries in his knee.
Plaintiff was in a state of delirium – incoherent, dazed, and confused – immediately following the wreck, according to independent witnesses on the scene. Plaintiff’s expert witnesses confirmed the diagnosis of mild traumatic brain injury. The defense doctors agreed that plaintiff had post-traumatic stress disorder but denied a chronic mild traumatic brain injury was present.
Mediation took place approximately two months before trial. The case settled at mediation. The amount of the settlement was limited by the insurance available.[16-T-102]
Type of action: Personal injury – auto accident
Injuries alleged: Mild traumatic brain injury
Name of case: Confidential
Court: Newport News Circuit Court
Tried before: Mediation
Name of judge or mediator: Hon. Michael Allen
Date resolved: April 28, 2016
Special damages: Medical bills: $100,615.64, Lost wages: $92,679.00
Verdict or settlement: Settlement
Attorneys for plaintiff: John M. Cooper and Jim Hurley, Norfolk