Woman was hurt in fall from party-bike vehicle – $650,000 Settlement

In 2015, the plaintiff participated in a group party-bike tour in Richmond. On the return home, she was seated on the back of the vehicle, on the far outside as one faces the driver. The rear bench seat of the vehicle did not have seatbelts, or a stable flat floor or any grab-bar or railing to prevent riders from falling from the seat. During the final part of the tour, the plaintiff was jolted and fell from her seat, and fell down into the steps and the wheel well and then under the trolley where she got crushed by the wheel of the vehicle.

As a result of this incident, the plaintiff sustained severe and life-threatening crush injuries requiring a prolonged hospitalization, several surgeries, extensive therapy, and resulting in a level of permanent impairment, as determined by a functional capacity evaluation. The plaintiff alleged that the party-bike was operating as a motor vehicle and was therefore negligent per se in its failure to have seatbelts, as well as otherwise negligent. The defendants alleged contributory negligence and assumption of the risk given alcohol consumption. Issues in the case included whether the party-bike trolley was a motor vehicle required to have seatbelts as well as questionable coverage issues with both the liability and UIM insurance carriers. The case resolved prior to any rulings on those issues.

Type of action: Personal Injury

Injuries alleged: Severe and life-threatening injuries, including: pelvic fracture, tibial shaft fracture, pubic rami fractures, sacral ala fractures, comminuted fracture of the posterior left ilium, right humerus fracture, rib fractures, nondisplaced metatarsal fractures, bruising, lacerations, and soft tissue injuries.

Tried before: Mediation

Name of judge or mediator: Hon. Pamela S. Baskervill (Ret.)

Date resolved: May 16, 2018

Special damages: $885,099.79

Verdict or settlement: Settlement

Amount: $650,000 ($525,000 from Maxum Indemnity and $125,000 from Great Northern (UIM))

Attorneys for plaintiff: Colleen Marea Quinn, Rodney M. Poole, and Kati K. Dean, Richmond

Insurance carrier: Defendant’s carrier – Maxum, UIM – Great Northern Insurance (Chubb)