Virginia Lawyers Weekly//January 24, 2019
Virginia Lawyers Weekly//January 24, 2019//
Plaintiff, an on-duty truck driver, was struck head-on by a wrong-way speeding driver. Plaintiff suffered cervical injuries overlayed on pre-existing stenosis. Acute stress symptoms were present immediately at the scene. The PTSD and claimed TBI persisted. The combination of physical and psychological injuries prevented plaintiff’s return to work.
Limits of insurance and a large workers’ compensation lien posed challenges to resolution. Mediation was a two-step process with the workers’ comp carrier agreeing to close that case with a substantial reduction in the lien.
Type of action: Personal Injury – Truck Wreck
Injuries alleged: Neck fusion surgery, shoulder operation, and post-traumatic stress disorder
Name of case:
Court: Portsmouth Circuit Court
Name of judge or mediator: Hon. Charles E. Poston (Ret.)
Date resolved: Nov. 26, 2018
Special damages: $233,723.74 in medical bills
Verdict or settlement: Settlement
Amount: $862,500 plus reduced workers’ compensation lien
Attorneys for plaintiff: John M. Cooper and Griffin O’Hanlon, Norfolk; Judd Mendelson, Suffolk