Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Car-truck accident
Injuries alleged: Rib fractures, pubic bone fracture, left hip fracture
Name of judge or mediator: Judge Thomas Shadrick (Ret.)
Date resolved: 9/13/2022
Special damages: $219,345.74
Verdict or settlement: Settlement
Amount: $975,000
Attorneys for plaintiff (and city): Kevin D. Sharp and Eric K. Washburn, Virginia Beach
Description of case: The plaintiff was operating his Harley-Davidson motorcycle in the Hampton Roads area on Jan. 19, 2022, when the defendant’s commercial delivery truck, attempting to make a left hand turn at an intersection, pulled directly into the path of the motorcycle, causing the collision. The plaintiff sustained numerous injuries including rib fractures, a pubic rami fracture, and a hip fracture which required a left femoral head implant surgery. The plaintiff was in the hospital for three weeks and then underwent a course of physical therapy.
Approximately two years before the accident, the plaintiff had been diagnosed with terminal esophageal cancer. While his doctors could not provide him with a definitive assessment of how long he would be able to live with the cancer, his oncologist had opined that he would likely pass before July 2022. Even with this diagnosis, the plaintiff pursued hobbies and activities he has loved throughout his life, including motorcycling.
Although suit had been filed in circuit court, it had not been served against defendant and the parties agreed to mediation in an effort to reach an early resolution before litigation. The mediated settlement allows the plaintiff to spend his remaining days with his family without the stress of litigation interfering with the quality of that time.
Plaintiff’s counsel Kevin D. Sharp provided case information. [022-T-153]
