The plaintiff was stopped behind a tractor-trailer, which was also stopped for traffic at the approach to the Hampton Roads Bridge Tunnel at approximately 10 p.m. on Aug. 20, 2013. The defendant did not see the stopped vehicle and struck it from behind at approximately 60 MPH. Despite severe damage to her vehicle, the defendant was able to exit her vehicle and wait on the shoulder for rescue to arrive. The plaintiff was transported to Riverside Regional Medical Center with severe abdominal pain, but initial evaluation on the day of the collision only revealed severe bruising and associated soft tissue injuries. The plaintiff was admitted to Riverside Regional Medical Center for evaluation on the night of the collision. Further evaluation the next day revealed that the plaintiff had suffered metatarsal fractures of the third and fourth toes of her left foot. After further evaluation, the plaintiff was discharged two days following the collision in a walking boot with severe bruising of the entire left side of her body. The plaintiff returned to emergency facilities twice over the two weeks with continued abdominal pain, but the pain eventually resolved.
The plaintiff’s also sought follow up care for her orthopedic injuries to her left foot. While the fractures healed, the pain related to same did not resolve with conservative care. The plaintiff’s treating orthopedist eventually referred her to Dr. Robyn Vargo, who shortened the plaintiff’s second and third toes in an attempt to resolve her mid-foot pain. While the procedure reduced the plaintiff’s foot pain, it did not eliminate the pain. It is anticipated that plaintiff will undergo a mid-foot fusion in the future.
At the time of the 2013 collision, plaintiff was treating for cervical injuries caused by a motor vehicle collision in 2012. While she had surgery to her cervical spine following the subject 2013 collision, her physician was unwilling to relate that surgery to the 2013 collision. However, the plaintiff continued to suffer neck pain post-surgery and was diagnosed with occipital neuralgia related to the 2013 collision.
The plaintiff’s medical bills at the time of trial totaled $63,665.00 with anticipated future medicals of $44,000.00. No lost wage claim was submitted.
Plaintiff rejected all settlement offers and decided to present her case to a jury.
Trial commenced on Oct. 4, 2016 in Hampton Circuit Court on an admission of liability. After two days of trial, the jury was out approximately two hours before returning a verdict in the amount of $1,500,000.00 in favor of the plaintiff. There was sufficient insurance coverage available to satisfy the judgment.
Type of action: Motor Vehicle Collision
Injuries alleged: Plaintiff suffered metatarsal fractures and lis franc injury of the left foot. Permanent foot pain which was not relieved by surgery. Subsequent to the collision plaintiff also developed occipital neuralgia.
Name of case: Chandler v. Allen
Court: Hampton Circuit Court
Case no.: Cl15-941
Tried before: Jury
Name of judge: Wilford Taylor
Date resolved: Oct. 5, 2016
Special damages: Current medical damages of $63,665.00. Future medical damages of $44,000.00 for fusion surgery to mid-foot caused by the lis franc injury.
Verdict or settlement: Verdict
Attorneys for plaintiff: Richard Aufenger III, Norfolk; Thomas A. Fitzgerald II, Newport News
Plaintiff’s experts: Dr. Robyn Vargo, D.O., Orthopedic Surgeon
Defendant’s experts: Dr. Daniel Munn, M.D., General Surgeon
Insurance carrier: State Farm