Dispute in case centered on red light – $100,000 Settlement

This case settled for the policy limits. After waiting for a red light to change to green, plaintiff was broadsided as she followed another car northbound through an intersection across Hull St. Road in Chesterfield County. Her car spun numerous times and landed in front of a vehicle heading southbound across Hull St. Road which was stopped at a red light. That driver came to her aid and visually confirmed defendant’s light was red. Despite this evidence, defendant insisted that his light was green. Defendant submitted a video hoping to prove his light was green at a time certain. Plaintiff hired a traffic engineer who would have testified that, based on signal phasing convention and the traffic controller setting obtained from VDOT, as verified by defendant’s video, the lights did not change at the exact time each day but that the sequence and timing of the light was such that plaintiff had a green light and defendant had a red light when he entered the intersection. The sequence was such that the light for the driver headed southbound across Hull St. Road would change after plaintiff’s light, not the defendant’s signal. Defendant further asserted that he was on his way home from work at the time of the accident but his work records confirmed he had been absent from work for six weeks.

Plaintiff underwent a Rule 4:10 exam which largely confirmed the treating orthopedics’ conclusions.

[18-T-152]

Type of action: Personal Injury

Injuries alleged: Lumbago with nerve impingement with right greater than left radiculopathy. Plaintiff endured five epidurals in the lumbar sacral region and anticipates two to three injections each year for the next several years to provide relief from ongoing pain. Plaintiff also suffered from PTSD following the accident and suffered from anxiety and panic attacks, especially while driving.

Name of case: Kendall v. Crenshaw v. Michael John Piehl

Court: Chesterfield Circuit Court

Case no.: CL18-183

Date resolved: Sept. 10, 2018

Special damages: Total: $50,494.60 ($45,277 in medical bills; $5,217.60 lost wages)

Demand: Policy limits

Offer: None before settlement

Verdict or settlement: Settlement

Amount: $100,000.00

Attorney for plaintiff: Ann M. Reardon, Richmond and Colleen M. Quinn, Richmond

Attorney for defendant: John G. Crandley, Virginia Beach

Plaintiff’s experts: Joshua P. Herzog, M.D., (OrthoVirginia), Christopher Dailey, PE

Defendant’s experts: Terry L. Whipple, M.D.

Insurance carrier: State Farm