The plaintiff was a passenger in a company vehicle on his way to work. As the plaintiff’s vehicle entered an intersection, the defendant traveling in the opposite direction made a left turn without yielding, causing the plaintiff’s vehicle to strike the defendant and subsequently collide with a steel traffic pole.
The plaintiff was pinned against the dashboard and had to be extricated from the vehicle. He subsequently spent two months at INOVA Fairfax Hospital where surgeons performed 12 surgeries to reconstruct his ribcage and repair numerous damaged organs, including his heart, liver and gallbladder.
The three other occupants of the company vehicle also sustained serious injuries and also asserted claims against the defendant driver. The total amount of insurance coverage available was $1.5 million.
The parties agreed to mediate all of the claims arising from the accident with the participation of the workers’ compensation carrier, which had paid over $482,000 in medical and indemnity benefits to the plaintiff and had asserted a lien against the third party recovery.
A settlement was ultimately achieved after the workers’ compensation carrier agreed to significantly compromise its lien.
Type of action: Personal injury
Injuries alleged: Crush injuries in multiple rib fractures, multiple organ failures and hemopericardium
Name of case: Israel Mejia Maldonado v. Dae Sung Batoff
Tried before: Mediation
Name of judge or mediator: Judge Richard Sothoron
Date resolved: 09/02/2020
Special damages: $955,642
Demand: $1.3 million (policy limits)
Verdict or settlement: Settlement
Amount: $1.19 million
Attorney(s) for plaintiff: Howard B. Ackerman and W. David Falcon, Jr., Vienna
Attorney(s) for defendant: Michael Barranco, Hunt Valley, MD
Plaintiff’s expert(s): Erik Teicher, MD; Vineet Mehan, MD
Insurance carrier: GEICO