Virginia Lawyers Weekly//April 26, 2021
Virginia Lawyers Weekly//April 26, 2021//
Type of action: Personal injury
Injuries alleged: Wife: lumbar fracture, permanent gait impairment and severe bruising. Husband: concussion, subarachnoid hemorrhage, rib fracture, lumbar fracture, facial lacerations and contusions
Court: Prince William County Circuit Court
Special damages: $148,000 in medicals
Verdict or settlement: settlement
Attorneys for plaintiff (and city): Thomas J. Curcio and Justin W. Curcio, Alexandria
Insurance carrier: Progressive (Primary), GEICO (UIM)
Description of case: Plaintiffs were driving on Interstate 66 behind the defendant when the defendant stopped in the left lane of travel and attempted to make an illegal u-turn in an area marked “authorized vehicles only.” Husband tried to avoid the collision by swerving left, wife was a passenger. Plaintiffs’ car flipped over in the median when they tried to avoid the collision and landed on its side, where it came to rest. There was no contact between the plaintiffs’ car and defendant’s car. Witnesses flipped the car back over and the husband had to be transported via helicopter to INOVA Fairfax Hospital for immediate care.
Husband suffered a concussion, subarachnoid hemorrhage, rib and lumbar fractures, lacerations and contusions. Despite all of this, he made a remarkably quick recovery, requiring approximately four months of treatment. Wife suffered a lumbar fracture and had severe bruising all over her body. She now has issues walking because of her spinal fracture.
Defendant’s policy was a minimal policy of $25,000/$50,000. Fortunately, the plaintiffs had sufficient underinsured motorist coverage.