Two-year-old run over by trucker who didn’t see her – $3 Million Settlement

On Sept. 9, 2012, the plaintiff was 2 ½ years old. She lived with her mom, her older brother, and a friend in an apartment complex in Petersburg. At approximately 2:35 pm, the friend left the apartment and was walking across the parking lot to the dumpster. The plaintiff was distantly following her and her mom was a little distance behind her carrying a box towards the dumpster. The friend gets to the dumpster and notices a truck approaching at a rapid rate of speed. She was not aware that the plaintiff was following her. About that same time, the plaintiff’s mom sees and hears this same truck speeding through the lot and sees her daughter in the street between her and their friend. Her mom yells at the plaintiff, drops her box and starts running towards her, but she could not get there before the truck had run over her with the driver’s front tire. In fact, the back tire on the driver’s side was still on the plaintiff when the defendant brought his truck to a stop. He had to actually back his truck up off of her leg.

The driver of the truck stated he never saw the little girl before he hit her. He felt a bump and then he stopped. Liability was not an issue.

[18-T-018]

Type of action: Personal Injury

Injuries alleged: Multiple skull fractures, traumatic left optic neuropathy, optic nerve avulsion of the left eye, nonreactive left pupil, left optic nerve atrophy and palsy, left upper eyelid ptosis, left eye strabismus, essentially left eye blindness

Name of case: Confidential

Court: Confidential

Tried before: Mediation

Name of judge or mediator: Hon. Michael C. Allen

Date resolved: Oct. 24, 2017

Special damages: Past medicals – $309,103.31; Future medicals – $77, 654.20; Total – $386,757.51

Verdict or settlement: Settlement

Amount: $3,000,000

Attorneys for plaintiff: Paul D. Hux, Chesterfield; P. Christopher Guedri, Richmond

Plaintiff’s experts: Dr. Mary Tucker, ophthalmologist; Dr. William Blaylock, ocular surgeon; Dr. Alison Twente, psychologist