Man recovers after collision with uninsured driver – $512,947, plus interest, verdict

A 43-year-old Virginia Beach resident was injured when his personal truck was struck on the interstate by an uninsured driver who lost control entering the highway and T-boned the plaintiff. Plaintiff’s truck spun and hit the jersey wall multiple times, causing him to re-injure his neck. After a year and half of therapy, injections, and other conservative medical treatments, he had cervical fusion surgery to stabilize and address a badly herniated disk.

Plaintiff had a multi-year history of neck problems but was an avid runner, marathoner and triathlete before the collision. The defense insurance company refused to believe that the surgery was the direct result of the truck accident. They hired a local Tidewater orthopedic surgeon to testify that the surgery was unrelated and thus never offered a penny to settle the case.

As a result, counsel for the injured party brought the case to trial. It was quickly apparent that the jury agreed that the crash changed the man’s life, impeded his short and long term goals and caused injuries that required extensive treatment, including an invasive neck surgery. While the defense asked the jury to award only $5,000, the plaintiff sought a verdict of $500,000. After less than two hours of deliberation, the jury awarded a sum of nearly $513,000.

Unfortunately the client’s own State Farm policy was only $250,000, so the plaintiff obtained that policy limit, plus interest from the date of the incident plus taxable costs.

Type of action: Personal Injury

Injuries alleged: Exacerbation of pre-existing cervical disc herniation requiring C4-C6 fusion

Name of case: Doyle v. Burrell

Court: Virginia Beach Circuit Court

Tried before: Jury

Name of judge: Judge Les Lilly

Date resolved: Jan. 7, 2020

Special damages: Medical bills for treating health care providers including cervical fusion 1.5 years post collision totaling approximately $110,000

Demand: $200,000

Verdict or settlement: Verdict

Amount: $512,947.00 including interest

Attorney for plaintiff: Adam Harris Lotkin, Norfolk

Plaintiff’s experts: Treating physicians

Defendant’s experts: Tim Boudorick, MD, Norfolk

Insurance carrier: State Farm