Man hurt in rearender settles claims in mediation – $490,000 Settlement

Plaintiff was a commercial refrigeration specialist retired from the military after a distinguished career. He was in a large work vehicle when it was rear-ended. He suffered some dizziness, headaches and neck pain. Plaintiff drove back to work from the scene and was directed to see medical professionals. He eventually was diagnosed with a cervical injury and had multi-level fusion performed. As a result of the collision and injuries, he was unable to perform his duties as a refrigeration specialist. His worker’s compensation carrier had extensive functional testing conducted and placed him in a security job with a considerable pay cut. His future loss of earning claim was hotly contested and the case resolved at mediation after more than one day principally due to the comp carrier’s refusal to negotiate and final terms or reductions until the third-party personal injury suit was at a standstill.

[16-T-155]

Type of action: Personal Injury

Injuries alleged: Severe spinal and neck injuries including surgical fusion

Name of case: Confidential

Court: Norfolk Circuit Court

Tried before: Mediation

Name of judge or mediator: Judge Thomas Shadrick (Ret.)

Date resolved: July 28, 2016

Special damages: $102,000 medical including surgery and after care, $70,000 lost past income

Verdict or settlement: Settlement

Amount: $490,000

Attorneys for plaintiff: Adam Harris Lotkin, Norfolk

Plaintiff’s experts: David Clifford, M.D., treating physician

Insurance carrier: GEICO and Liberty Mutual