Key witness backed plaintiff’s account of wreck – $635,500 Settlement

On Sunday, July 17, 2016, the plaintiff was operating her Harley Davidson motorcycle in the middle lane of Hull Street Road in Chesterfield County approaching its intersection with Duckridge Boulevard. The defendant attempted to merge from the right lane into the middle lane. The plaintiff tried to escape to the left lane but the defendant continued to merge left until her SUV struck the plaintiff’s motorcycle, throwing the plaintiff off her Harley.

Plaintiff was transported to Johnston-Willis Hospital and was admitted during which time she had her left ankle surgically repaired. Plaintiff also suffered from a temporary exacerbation of her pre-existing COPD, which was treated at the hospital, as well as some road rash. At the time of the wreck, the plaintiff was already on disability due to her COPD.

Defendant denied liability throughout the pendency of the litigation, arguing that the plaintiff should have been able to avoid the collision. Continued investigative efforts discovered an eyewitness who had been traveling behind the plaintiff. The witness was adamant that the plaintiff had done everything possible to avoid the collision and that the defendant’s actions were the cause of the wreck.

The case settled approximately 10 days before trial.

[18-T-154]

Type of action: Motor Vehicle Collision

Injuries alleged: Open Fracture and Dislocation of Left Ankle and Temporary Exacerbation of COPD

Name of case: Garnett v. Dietz

Court: Chesterfield Circuit Court

Verdict or settlement: Settlement

Amount: $635,500.00

Attorneys for plaintiff: J. Penn Crawford, Richmond, and Kevin T. Hadden, Staunton

Insurance carrier: State Farm