Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Wrongful death
Date resolved: 8/18/2022
Verdict or settlement: Settlement
Amount: $1,237,500
Attorneys for plaintiff (and city): Matthew W. Broughton, Andrew M. Bowman and Andrew D. Finnicum, Roanoke
Description of case: Plaintiff’s decedent was traveling home from work when he was confronted with stopped traffic in front of him. He safely stopped his vehicle, and the vehicle behind him safely stopped as well. The defendant, a tractor-trailer driver with a history of safety violations, failed to timely react to the stopped traffic, swerved, and lost control of the truck. The defendant crashed into two vehicles, killing both occupants.
The trucking company defendant was significantly underinsured. On initial intake of the case, the available liability insurance was insufficient to cover the plaintiff’s workers’ compensation lien and future offset of workers’ compensation benefits. During discovery, the plaintiff learned of a potential claim against the entity that loaded the freight onto defendant’s tractor-trailer. Through careful navigation of the multiple insurance and workers’ compensation issues, the plaintiff ultimately recovered more than double the amount that was initially available to the decedent’s estate.
Andrew Finnicum, plaintiff’s counsel, provided case information.
[022-T-222]
