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Plaintiff T-boned in Arlington intersection — $492,564.94 verdict

Virginia Lawyers Weekly//April 3, 2023

Plaintiff T-boned in Arlington intersection — $492,564.94 verdict

Virginia Lawyers Weekly//April 3, 2023

Type of action: Personal injury

Injuries alleged: Fractured distal radius, with a scapho-lunate ligament tear in right hand

Court: Arlington Circuit Court

Tried before: Jury

Name of judge or mediator: Judge Louise DiMatteo

Date resolved: 2/16/2022

Special damages: $72,000 in medicals

J Curcio

Demand: $275,000

Offer: $225,000

Verdict or settlement: Verdict

Amount: $492,564.94 (plus interest from date of crash)

Attorneys for plaintiff (and city): Thomas J. Curcio and Justin W. Curcio, Alexandria

Description of case: Plaintiff was T-boned by a large sedan that drove into an intersection on Lee Highway in Arlington against a red light thinking that he had the green. An eyewitness stopped at the red light, testified that defendant ran the red light and entered the intersection with no evidence of

T Curcio

braking. X-rays showed fractured distal radius, with suspicion for a scapho-lunate ligament tear in right hand. Referred by E.R. to follow-up with Dr. Frederick Scott, an orthopedic surgeon specializing in hand surgery. Client saw Dr. Scott the day after the crash and he ordered an MRI which confirmed the tear, and recommended surgery to repair the ligament tear, with radius fracture treated non-operatively. Dr. Scott recommended against another surgery as did not think it would help her symptoms and gave her a 25-30% permanent impairment of her right hand/wrist, which is likely to worsen with age. Client, now 63, has a 21-year life expectancy. GEICO defended the case, with a $500,000 UM policy, $400,000 of which was exposed as client settled with the liability carrier for $100,000 per 38.2-2206. GEICO offered $120,000 on top of liability carrier’s $100,000 already tendered. Defense hired Dr. John Aldridge to do a records review. Dr. Aldridge, based on his reading of the MRI taken the day after the crash, testified that the ligament tear pre-existed the crash and had to have been caused by a previous injury the client suffered. There was no evidence presented of a previous injury. Jury returned a verdict for $492,564.94 + interest from date of crash.

Justin Curcio, counsel for plaintiff, provided case information.


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