Type of action: Tractor-trailer crash with injuries
Injuries alleged: Complex regional pain syndrome in lower extremities, lumbar and cervical spine pain, radiofrequency ablation in the cervical spine and implantation of spinal cord stimulator
Name of judge or mediator: Judge B. Waugh Crigler (Ret.)
Date resolved: 4/12/2021
Verdict or settlement: Settlement
Attorneys for plaintiff (and city): J. Gregory Webb and Lisa S. Brook, Charlottesville
Description of case: Defendant tractor-trailer driver, operating a fully loaded tractor-trailer on a two-lane rural highway in Augusta County, failed to stop for a U.S. Mail carrier who was stopped for traffic to make a left-turn. The plaintiff looked into her rear-view mirror at the last second before impact and saw the grill of the tractor-trailer bearing down on her like a wall, filling her view in the mirror. The tractor-trailer collided with the rear of the U.S. Mail car, a 1993 Subaru station wagon outfitted with signage warning “Caution Frequent Stops Caution” and warning lights on the top. The force of the crash shoved the mail car down the road and off onto the shoulder.
Plaintiff suffered multiple injuries in the crash and was transported by ambulance to the hospital where she was diagnosed with spine strain/sprain in the cervical, thoracic and lumbar spine, concussion, right shoulder strain, right elbow sprain, right ankle sprain, right knee sprain, right shin contusion and anxiety.
Following the crash, plaintiff was diagnosed with complex regional pain syndrome in her lower extremities.
After treating with multiple health care providers including physical therapy, orthopedics and pain management, plaintiff underwent radiofrequency ablation for the cervical facet joint injury she suffered in the crash, trigger point injections and implantation of a spinal cord stimulator to treat the symptoms of complex regional pain syndrome in the lower extremities.
Plaintiff was a 39-year-old single mother of three children at the time of the crash. She has been unable to return to her regular duties as a U.S. postal carrier due to her injuries from the crash.