Virginia Lawyers Weekly VA Lawyers Weekly
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
