Type of action: Personal injury
Injuries alleged: Multiple comminuted fractures of left tibia and fibula
Name of case: Simpson v. Llab Trucking Inc. et al.
Court: U.S. District Court for the Eastern District of Virginia, Alexandria Division
Case no.: 1:21-CV-00333
Name of judge or mediator: Judge Rossie D. Alston Jr.
Date resolved: 3/3/2022
Verdict or settlement: Verdict
Attorneys for plaintiff (and city): Kevin L. Locklin and Brian P. Coleman, Manassas
Description of case: The plaintiff was stopped at a red light when he was rear-ended by a commercial vehicle on Prince William Parkway on May 20, 2020. The defendant’s vehicle struck several other vehicles and injured multiple people. The plaintiff was taken to Sentara Northern Virginia Medical Center where it was determined that he had a tibial plateau fracture along with comminuted fractures of the lower part of the tibia and fibula. A tibial nail was placed, but it was removed when the tibial nail began to back out into the knee joint. The plaintiff then developed a bow in his left leg due to a non-union. Ultimately, the plaintiff was referred to an orthopedic trauma specialist, who placed the plaintiff into an external fixator device for several months in an attempt to correct the deformity of the leg and non-union. Plaintiff suffered from infections while in the external fixator.
The plaintiff was still actively treating at the time of trial and even set for another surgery the week after the trial. After an exhaustive search for coverage, it became clear that the defendants only carried a single limits $1 million commercial policy and were considered judgment proof. The plaintiff had no applicable underinsured coverage. Given the multiple other claimants, the plaintiff sought to be the first to file in federal court to obtain the first trial date. A global mediation was attempted but failed. The defendants filed a motion to stay and another claimant filed a motion to consolidate — which the plaintiff opposed. After the motions were denied, the plaintiff was successful in obtaining a verdict in the amount of $1 million. The judgment was paid by Progressive and exhausted the full available coverage.
Brian P. Coleman, plaintiff’s counsel, provided case information.[022-T-072]