Driver injured in rollover interstate crash

Personal Injury

$750,000 settlement

Type of action: Personal injury

Injuries alleged: T12 burst fracture, T10-L2 posterior
instrumented fusion, T12 laminectomy

Date resolved: 5/13/2021

Special damages: Past medical bills totaling $215,440; past wage loss totaling $14,000

Verdict or settlement: Settlement

Amount: $750,000

Attorney for plaintiff (and city): Kelly B. Martin, Richmond

Description of case: In January 2019, the plaintiff was driving her employer’s vehicle when she was struck on the interstate by the defendant’s vehicle. The impact caused the plaintiff’s vehicle to become airborne and flip.

The plaintiff had a T12 burst fracture and underwent two surgeries to repair the fracture and stabilize her spine. She missed eight months of work before she was able to return at limited duty. The plaintiff had permanent restrictions in her lumbar range of motion. The plaintiff did not claim future medicals or wages.

The plaintiff’s employer’s car insurance initially claimed there was only $35,000 in UIM coverage but $1 million in liability coverage. The carrier alleged that the employer selected lower UIM limits. The carrier never produced a signed check down page from the employer. The plaintiff filed a declaratory judgment action and the carrier agreed after written discovery was exchanged that its UIM exposure was $750,000.

The defendant was insured with a $250,000 policy which was offered prior to filing suit. The UIM carrier offered $500,000 of its exposure approximately a week before the personal injury trial.

[021-T-103]