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.[19-T-133]
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
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