Patient sustained labral tear in auto accident — $257,185 verdict

Type of action: Personal injury

Injuries alleged: Left shoulder labral tear

Name of case: Davis v. Rexinis

Court: Albemarle Circuit Court

Case no.: CL-21-801

Tried before: Jury

Name of judge or mediator: Judge Cheryl Higgins

Date resolved: 11/10/2022

Special damages: $25,498.37 in past medical specials

Offer: $35,000

Verdict or settlement: Verdict

Amount: $257,185

Attorneys for plaintiff: Lauren M. Byrne and Robert E. Byrne Jr., Charlottesville

Description of case: Plaintiff was driving on 250 West in Charlottesville when the 94-year-old defendant pulled directly in front of plaintiff and caused a collision. Plaintiff complained of shoulder pain and had his shoulder wrapped at the scene by emergency responders. He then went to the emergency room three days after the crash.

Plaintiff started a physical therapy regimen for an unrelated hip labral tear the day after his emergency room visit. His records during that therapy did not mention a shoulder injury or shoulder pain. Then, approximately four months after the crash, plaintiff visited his PCP for the first time to complain about

shoulder pain. Plaintiff had a shoulder MRI shortly thereafter that showed a labral tear with surrounding edema. Plaintiff had shoulder surgery.

The defense did not perform a DME or present any witnesses at trial. Plaintiff’s case was presented in one day with only plaintiff, plaintiff’s sister and Dr. Clark Baumbusch testifying.

Plaintiff’s counsel Robert E. Byrne Jr. provided case information.

[022-T-203]