Plaintiff was operating a motorcycle westbound on Interstate 64 near its intersection with Route 228 in Henrico County. Defendant was also westbound on Interstate 64 in an SUV and moved from the lane to the plaintiff’s left into the plaintiff’s lane of travel. Defendant slowed/stopped, allegedly due to traffic in front of her. Plaintiff then struck the rear of the Defendant’s SUV. Plaintiff testified that the defendant entered his lane of travel and stopped suddenly, leaving the plaintiff inadequate distance to stop. Defendant testified that the plaintiff was 200 yards behind her when she began slowing/stopping. As a result of the collision plaintiff suffered fractures in his right hand and wrist which required open reduction and internal fixation surgery. Liability was denied. Defendant’s liability coverage was $50,000. Underinsured motorist coverage was $100,000. Prior to trial, with plaintiff’s permission, a demand of $45,000 was made to the liability carrier. The UIM carrier then advised the liability carrier it would not waive subrogation in the event of an excess verdict. The last offer before trial was $7,000.00. After a day-long trial, the jury awarded the plaintiff $81,765.51. Allstate paid the full judgment plus costs and post-judgment interest.
[17-T-060]Type of action: Motor Vehicle Collision/Personal Injury
Injuries alleged: Right wrist comminuted and impacted distal radius fracture with extension into the radiocarpal joint, mildly displaced ulnar styloid fracture, fracture of the fourth distal phalanx
Name of case: Melvin A. Corbin v. Armistead E. Henderer
Court: Henrico County Circuit Court
Case no.: CL15-2431
Name of judge: Hon. Richard S. Wallerstein Jr.
Date resolved: Jan. 24, 2017
Special damages: $56,591.01 (medical bills); $10,174.50 (lost wages)
Verdict or settlement: Verdict
Amount: $81,765.51 plus costs and post judgment interest
Attorneys for plaintiff: Gregory S. Hooe, Tappahannock/Petersburg
Insurance carrier: Allstate (Liability), Progressive (UIM)