Teen had PTSD, dropped out of college after accident — $150,000 settlement

Type of action: Personal injury

Injuries alleged: Displaced fracture of humeral shaft resulting in surgery and 10-inch scar on the front of her upper arm; PTSD and anxiety related to driving and riding in a vehicle

Court: Botetourt County Circuit Court

Tried before: Mediation

Name of judge or mediator: Judge Malfourd Trumbo (Ret.)

Date resolved: 9/19/2022

Special damages: $49,000 in medical bills

Demand: $100,000 from liability carrier; $250,000 from UIM carrier

Offer: $100,000 (liability carrier); $35,000 (UIM carrier)

Verdict or settlement: Settlement

Amount: $150,000

Attorneys for plaintiff (and city): Lenden A. Eakin, Roanoke

Description of case: The 17-year-old defendant turned in front of the vehicle in which plaintiff was a front seat passenger. The 19-year-old plaintiff suffered a displaced fracture of her right humeral shaft that required surgery and significant hardware. The plaintiff was left with an approximately 10-inch-long scar on the front of her upper arm. She also suffered PTSD and anxiety related to driving or riding in a car. She had to drop out of her freshman year of college.

State Farm paid its $100,000 limits of liability coverage in 2020. Donegal Mutual Insurance offered only $35,000 prior to mediation. The case settled for $150,000 from Donegal’s $250,000 underinsurance coverage after approximately five hours of mediation with Judge Malfourd Trumbo (Ret.). Plaintiff’s counsel Lenden A. Eakin provided case information.

[022-T-172]