Allstate paid entire judgment over policy limits – $367,453.45 verdict, plus interest

Plaintiff, 72, was southbound on Chester Road at its intersection with Route 288. Defendant was travelling northbound on Chester Road and attempted to turn left to enter the ramp to Route 288 when she T-boned plaintiff. Two eyewitnesses traveling behind plaintiff testified that plaintiff had a green light. Defendant initially admitted fault to one eyewitness, but after she made a phone call, she stated that she had a green arrow and was not at fault. Defendant therefore refused to admit liability and testified that the traffic light must have been malfunctioning.

Plaintiff was transported by EMS to the ER with neck and back pain. Imaging of her neck and back was negative, and she was released. She returned to the ER several days later with pain in her chest; upon this visit, she was diagnosed with seven broken ribs, a collapsed lung and that she was experiencing atrial fibrillation (A-Fib).

Seven months after the crash, she sought treatment from Joshua Herzog at OrthoVirginia for neck pain. Herzog ordered a CT scan that indicated that plaintiff had a healed dens fracture, which Herzog later testified was caused by the collision, despite the lack of treatment she received. Plaintiff’s cardiologist, Mark Xenakis, testified by video that her A-Fib was also caused by the collision.

The jury awarded $367,453.43 plus pre-judgment interest on the amount of plaintiff’s medical bills dating back to the date of the collision.

Due to the threat of bad faith, Allstate paid the entire judgment, above its policy limit, plus some of the pre-judgment interest.

Type of action: Personal injury/motor vehicle crash

Injuries alleged: Broken ribs, collapsed lung, A-Fib, dens fracture

Name of case: Nancy Hulon v. Patricia Anderson

Court: Chesterfield Circuit Court

Case no.: CL18-1966

Tried before: Jury

Name of judge: Judge David Johnson

Date resolved: May 23, 2019

Special damages: $67,453.45 in medical bills

Demand: $250,000 Allstate liability policy limit

Offer: $100,000

Verdict or settlement: Verdict

Amount: $367,453.45 plus interest on the medical bills dating back to the date of the crash

Attorneys for plaintiff: Trent Kerns and Scott Fitzgerald, Richmond