Plaintiff was a passenger in a vehicle operated by her son on Mercury Boulevard in Hampton. Defendant made a U-turn and failed to yield the right of way to the approaching vehicle. The impact caused the airbags in plaintiff’s vehicle to deploy. The airbags struck plaintiff’s arm and caused a comminuted fracture of her right humerus, which contused the right radial nerve and resulted in a complete radial nerve palsy of plaintiff’s dominant hand.
Plaintiff required admission to Riverside Hospital for internal fixation of the fracture. The radial nerve palsy of plaintiff’s dominant hand persisted for approximately six months before plaintiff regained functional use of the right hand with persistent pain. Plaintiff was left with hardware in her arm, scars and loss of function of the right hand. There was a dispute between the physicians as to the nature and extent of plaintiff’s permanent disability.
Suit was filed in Hampton Circuit Court due to a denial of liability by defendant. The matter was mediated by Judge Pamela Baskervill of the McCammon Group. While it did not settle at mediation, with Judge Baskervill’s continued assistance, the matter settled a few weeks before trial.
Type of action: Personal injury – motor vehicle
Injuries alleged: Fractured humerus with internal fixation; radial nerve palsy
Name of case: Niwana Jenkins v. Christina L. Pasko
Court: Hampton Circuit Court
Case no.: CL17-2844
Name of mediator: Hon. Pamela S. Baskervill (Ret.)
Date resolved: Sept. 3, 2019
Special damages: $84,917.62 – Medical bills related to surgery and physical therapy
Verdict or settlement: Settlement
Attorney for plaintiff: Thomas A. Fitzgerald II, Norfolk
Attorneys for defendant: Michael Smith, Norfolk
Plaintiff’s experts: Dr. Jacob Lantry, Riverside Orthopedics & Sports Medicine; Dr. John McGuigan, Sentara Hand Surgery; Dr. Felix Kirven, Norfolk
Defendant’s experts: Dr. Chad Manke, Atlantic Orthopaedic Specialists
Insurance carrier: State Farm Fire and Casualty Company