Virginia Lawyers Weekly//October 15, 2018
Virginia Lawyers Weekly//October 15, 2018//
On June 24, 2015, plaintiff, a 47-year-old construction worker, was driving his Chevy van westbound on Route 55 in Warren County. At that time, the defendant was driving his commercial van eastbound on Route 55 when he struck the vehicle in front of him and bounced into the westbound lane, striking the plaintiff’s vehicle head-on totaling both vehicles. The plaintiff complained of injuries to his neck, right shoulder and low back.
Conservative treatment of the injuries failed and the plaintiff required an anterior cervical discectomy and fusion at C5-C6, C6-C7, a right shoulder arthroscopic SLAP repair, and an L5 – S1 decompression with partial discectomy. The plaintiff made good recoveries from both his shoulder and cervical surgeries, but he remained with chronic low back pain. The plaintiff continues to treat with pain management for his low back injury.
Suit was initially filed in Warren County Circuit Court to toll the statute of limitations while the plaintiff recovered from his multiple surgeries. Following the carrier’s initial settlement offer, the complaint was served and discovery was conducted. Thereafter, the claim was mediated by Judge John McGrath in early August 2018. The claim failed to settle at the mediation, but Judge McGrath continued to work with the parties and they reached a settlement about three weeks after the mediation.
Type of action: Personal Injury
Injuries alleged: Cervical-herniated disks at C5-C6 and C6-C7, right shoulder SLAP tear, lower back-disk protrusion L5-S1
Court: Warren County Circuit Court
Name of mediator: Hon. John J. McGrath (Ret.)
Date resolved: Aug. 28, 2018
Special damages: Medicals: $ 278,000.00; Lost Wages: $ 84,000.00
Offer: Pre-suit $650,000.00
Verdict or settlement: Settlement
Attorney for plaintiff: Carl N. Lauer, Front Royal