Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Motor vehicle collision
Court: Stafford County Circuit Court
Verdict or settlement: Settlement
Amount: $1,986,884 (remaining liability limits)
Attorney(s) for plaintiff (and city): Gregory S. Hooe and Tara A. Enix,
Petersburg; Michele L. Chiocca, Richmond
Insurance carrier: National Fire & Marine Insurance Company;
Progressive Insurance Company
Description of Case: On May 12, 2016, the plaintiff was on his motorcycle, traveling northbound on Warrenton Road in Stafford County. The defendant was operating a tractor-trailer and exited a parking lot on Warrenton Road and entered the northbound lane of travel. As the defendant turned onto Warrenton Road, he failed to yield right of way and pulled out in front of the plaintiff, causing the plaintiff’s motorcycle to strike the driver’s side of the plaintiff’s trailer.
Following the collision, the plaintiff lost consciousness and had to be transported by ambulance to Mary Washington Hospital, where he was diagnosed with a number of injuries including numerous fractures; an orbital eye injury, which resulted in his right eye being dislodged from its socket; two collapsed lungs; head injuries, skin lacerations and abrasions. The plaintiff remained at Mary Washington overnight before being transferred to the Medical College of Virginia / VCU Health Hospital, where he remained inpatient for approximately five weeks before being transferred to a skilled nursing facility.
The plaintiff, who was a military contractor, was unable to work for approximately one year following the collision. Part of the plaintiff’s employment involved periods of deployment abroad, during which he would receive additional compensation. Upon his return to work, the plaintiff was unable to be deployed due to his physical limitations, which resulted in further wage loss.
At the time of the collision, the defendant was operating a tractor owned by his father’s company, which was pulling a trailer owned by the defendant’s company. The plaintiff filed suit against the defendant driver, his company and his father’s company.
Following discovery depositions, counsel for the defendants tendered the policy limits, less the amount paid to the plaintiff for property damage. The plaintiff utilized a portion of the settlement proceeds to purchase an annuity.
[020-T-132]
