Self-employed potter had head injury in rear-ender – $215,000 settlement

On Nov. 3, 2017, the plaintiff was returning home on Route 254 in Augusta County. Plaintiff slowed after signaling to turn into her driveway when her 2005 Hyundai was struck in the rear by a 2006 Ford pickup driven by the defendant. The force of the impact knocked the plaintiff’s vehicle approximately 100 feet into a ditch where it overturned, resulting in the plaintiff being hung upside down by her seatbelt. The plaintiff was trapped for approximately 15-20 minutes before she was removed by EMT personnel.

The plaintiff went in and out of consciousness as she was flown by med flight to UVA Medical Center. She was treated in the emergency room and discharged the next day. The plaintiff was a self-employed potter and received very limited follow-up medical care. Her initial symptoms improved and were treated primarily through medical care by early February 2018, other than for two visits to UVA in August 2018. The plaintiff had many of the same per-existing symptoms prior the crash. No loss wage claim was asserted.

The case was settled at mediation with retired Judge Michael Allen after suit was filed and before any discovery depositions were undertaken.

[19-T-130]

Type of action: Personal injury – auto accident

Injuries alleged: Head injury with loss of consciousness, headaches, anxiety, tinnitus

Name of case: Mary V. Tuttle v. Joseph M. Wallin

Court: Augusta Circuit Court

Tried before: Mediation

Name of mediator: Hon. Michael C. Allen (Ret.)

Verdict or settlement: Settlement

Amount: $215,000

Attorney for plaintiff: John C. Shea, Richmond

Plaintiff’s experts: Jeffrey Young, MD; Emily Stephens, Nurse Practitioner; Daniel Sullivan, DO; Stephen N. Keefe, MD.