Plaintiff suffered TBI, right eye blindness after crash — $1.25M settlement

Type of action: Personal injury

Injuries alleged: Traumatic brain injury and right eye blindness

Tried before: Mediation

Name of judge or mediator: Judge Jane M. Roush (Ret.)

Date resolved: 7/14/2021

Special damages: $228,797 in past medicals

Verdict or settlement: Settlement

Amount: $1,250,000

Attorneys for plaintiff (and city): Jeremiah A. Denton III, Virginia Beach; Bill O’Mara Jr., Norfolk

Description of case: Both liability and damages were contested by the defense. The plaintiff was traveling along a rural highway when a large motor vehicle pulled from a stop sign. The plaintiff’s vehicle slid underneath the defendant’s vehicle, and the plaintiff had to be extracted. The plaintiff had no recollection of the accident or moments prior. The defense argued, using onboard camera footage and a witness, that the plaintiff exceeded the speed limit prior to the collision. Initial hospital urine screening for the plaintiff tested positive for cannabinoids. The plaintiff’s expert toxicologist Carl Wolf of VCU was prepared to testify that the unconfirmed presumptive positive urine screen did not prove the plaintiff was intoxicated at the time of the collision, and that THC metabolites may be detected two to five days after use.

It was uncontested that the plaintiff suffered a traumatic brain injury and subarachnoid hemorrhage. The plaintiff’s claim of ongoing memory issues was strongly contested by the defense, and the plaintiff’s claims were complicated by his history of drug addiction. The plaintiff also suffered an eye injury and resulting traumatic glaucoma which has caused near total blindness of the right eye. The right eye may need to be removed in the future. The plaintiff presented two life care plans. One included lifetime medication to regulate pressure in the eye, and the other included costs for future eye removal.

[021-T-180]