Drunken driver hit tow truck operator – $895,000 Settlement

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.

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
Amount: $895,000.00
Attorneys for plaintiff: John M. Cooper and Jim Hurley, Norfolk