Plaintiff was a mentally disabled, 42-year-old adult male who resided in a group home in the Richmond area. On Tuesday, May 9, 2017, at approximately 2 p.m., the plaintiff, along with several other residents of the group home, was being transported in a van by a 19-year-old driver. The driver of the van took his eyes off the road, began to drift off the right side of the roadway, overcorrected, lost control and struck some trees alongside the road. The driver had not secured the plaintiff in his seat belt and thus the plaintiff was thrown about the cabin of the vehicle when the incident occurred.
Plaintiff was transported to Johnston-Willis Hospital and was admitted during which time he had his puncture wound sutured and his leg fracture surgically repaired. After being released from the hospital, the plaintiff was sent to a rehabilitation facility where he was admitted and treated for eight days. Upon release from the facility, the group home where the plaintiff had lived for a number of years, and which was important to his emotional stability, was unable to take him back as a resident due to his injuries and lack of mobility.
The settlement funds were deposited into a special needs trust with Commonwealth Community Trust to protect the plaintiff’s benefits.[19-T-084]
Type of action: Motor vehicle collision
Injuries alleged: Compound, comminuted fractures of the right tibia and fibula; puncture wound to face
Date resolved: February 2019
Verdict or settlement: Settlement
Attorneys for plaintiff: Kevin T. Hadden, Staunton/Harrisonburg; Ryan T. Walker, Chesterfield