Man’s foot run over at construction site – $500,000 Settlement

Plaintiff was injured when his foot and ankle were run over by a heavy vehicle on a construction site. He suf­fered no broken bones and required no surgeries, but developed Complex Region­al Pain Syndrome in his foot and heel.

As a result of the CRPS, he developed an altered gait that eventually began causing lower back prob­lems. Defendant asserted the workers’ compensation exclusivity bar, which was denied, and also defend­ed on liability by blaming plaintiff’s coworkers for not alerting defendant driv­er that the plaintiff was in front of the vehicle.

[17-T-133]

Type of action: Personal Injury

Injuries alleged: Crush injury resulting in complex regional pain syndrome

Court: Charlottesville Circuit Court

Tried before: Mediation

Name of mediator: Judge John J. McGrath Jr. (Ret.)

Special damages: Medical bills of $57,005.62. Contested wage loss and loss of earning capacity claim.

Verdict or settlement: Settlement

Amount: $500,000

Attorneys for plaintiff: Kyle Mc­New and Greg Webb, Charlottesville

Plaintiff’s experts: Peder Melberg – Vocational; Dr. Larry Lynch – Econ­omist; various treating physicians