Plaintiff’s dominant arm impaired after being struck by van — $875,000 settlement

Type of action: Pedestrian personal injury

Injuries alleged: Crush fracture of left humeral head, right tibial plateau fracture and mild traumatic brain injury

Name of judge or mediator: Judge Michael Gamble (Ret.)

Date resolved: 4/20/2022

Special damages: $270,000 in past medicals; Medicare lien of $75,000

Demand: $1,500,000

Offer: $250,000

Verdict or settlement: Settlement

Amount: $875,000

Attorneys for plaintiff (and city): Glenn W. Pulley and Andrew Finnicum, Lynchburg

Description of case: Plaintiff was a 75-year-old woman who was struck by a 15-passenger van on Sept. 1, 2020. She entered the designated cross walk on a pedestrian “walk” signal but had not completely crossed the street when the “don’t walk” signal stopped flashing. Defendant made a left hand turn from a side street on a green light but failed to see and yield to plaintiff, who retained the right of way. Defendant alleged that plaintiff should have seen the danger and taken some action to avoid being struck by the van.

Plaintiff’s shoulder injury required surgery — a reverse arthroplasty followed by months of therapy. The recovery is not complete, and plaintiff was rated with a 45% permanent partial impairment of the dominant left arm. Plaintiff’s leg injury did not require surgery, but was also treated with therapy. The brain injury is being treated with vestibular, memory and balance therapy. The symptoms of the brain injury include loss of balance, double vision and difficulty finding words during speech and writing. Plaintiff lives alone in a walk-up condo and finds it challenging to manage some of her activities of daily living. Before retiring, she was a tenured college professor who took pride in her ability to express herself. She feels she has suffered in that regard. She is now reluctant to attempt some of her previous physical interests such as pickleball and biking.

The settlement for $875,000 was $125,000 less than the available insurance coverage of $1 million.

Glenn W. Pulley, counsel for the plaintiff, provided case information.

[022-T-064]