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Driver pulled over to change tire, then was struck by motorist – $1 Million Verdict

The plaintiff had a flat tire prior to the accident. He testified that he pulled over to the side of the road when a commercial vehicle came from behind and struck the back of the plaintiff’s car. The force of the impact shot the plaintiff’s vehicle across the highway to the opposite side of the road. The defense denied liability, asserting contributory negligence. Specifically, the location of the plaintiff’s vehicle prior to the accident was vigorously contested.

The plaintiff’s face hit the steering wheel during the impact causing multiple lacerations and fractures of nasal and orbital bones and significant visual disturbances. He underwent four surgeries over the course of a year. Medical bills totaled $139,607.50. Lost wages totaled $20,520.00. The jury returned a verdict for the plaintiff in the amount of $1 million. The matter was ultimately settled for a confidential amount during post-trial motions.

[19-T-106]

Type of action: Auto Accident

Injuries alleged: Canalicular eyelid laceration, Conjunctival laceration, comminuted left orbital floor fractures and displaced comminuted nasal fractures

Court: Norfolk Circuit Court

Tried before: Jury

Date resolved: May 9, 2019

Special damages: $160,127.50 in medical expenses and lost wages

Demand: $900,000 at mediation, rejected. $750,000 at close of evidence at trial, rejected.

Offer: $300,000 at mediation, rejected by plaintiff; $500,000 after Close of ALL Evidenced, rejected by plaintiff.

Verdict or settlement: Verdict

Amount: $1,000,000.00

Attorneys for plaintiff: Adam H. Lotkin and Georgina D. Montgomery, Norfolk