Virginia Lawyers Weekly VA Lawyers Weekly
The plaintiff was a back-seat passenger in a Honda Civic that was stopped in the eastbound lane of Route 33 in Greene County, waiting for traffic to pass in order to make a left turn. The defendant failed to stop and rear-ended the plaintiff’s vehicle, pushing it into oncoming traffic where it struck a third vehicle.
The plaintiff briefly lost consciousness in the collision. He was taken by ambulance to the University of Virginia where he was kept overnight and discharged the next day with diagnoses of concussion and low back strain. The plaintiff had four follow-up visits with his primary care physician over the next several months. His total medical expenses were $24,850, with no lost earnings.
Dr. David Rubendall performed an IME at the request of the plaintiff. Dr. Rubendall testified by video deposition that the plaintiff’s accident-related injuries were concussion and post-concussive symptoms which had resolved, back strain with chronic symptoms and nerve damage to the plaintiff’s left cheek causing numbness to the touch.
The jury deliberated for approximately one hour and returned a verdict for $175,000, which was the amount sued for.
Type of action: Personal Injury
Injuries alleged: Concussion; low back strain; nerve damage
Name of case: Tyler Gibson v. Estate of Cleveland Williams
Court: Greene County Circuit Court
Case no.: CL17-28
Tried before: Jury
Name of judge: Judge Claude V. Worrell Jr.
Date resolved: Dec. 20, 2019
Special damages: Medical Expenses: $24,850.86
Offer: $58,507.72
Verdict or settlement: Verdict
Amount: $175,000
Attorney for plaintiff: David M. Irvine, Charlottesville
Defendant’s experts: David S. Rubendall, D.O.
Insurance carrier: Donegal (liability); State Farm (UIM)
