Plaintiff injured in head-on collision — $180,000 verdict

Type of action: Personal injury

Injuries alleged: Minimally displaced sternum fracture; cervical/thoracic/trapezius strains; cervical disc herniation; aggravation of degenerative changes; anxiety

Name of case: Brown v. M3 Merchandise et al.

Court: Stafford County Circuit Court

Case no.: CL20-5681

Tried before: Jury

Name of judge or mediator: Judge Michael E. Levy

Date resolved: 1/9/2022

Special damages: $37,794.60 in medicals

Verdict or settlement: Verdict

Amount: $180,000

Attorneys for plaintiff: David M. Williams, Stafford; P. Wilson Van Winkle, Fredericksburg

Description of case: This collision took place on a rural road in Stafford County on March 2, 2019. The defendants’ employee, driving a Dodge Ram Promaster van, crossed the double solid yellow lines and struck the plaintiff’s Nissan Versa head-on. The plaintiff was a 48-year-old wife and mother who operated a childcare service from her home.

As a result of the crash, the plaintiff was diagnosed with the following injuries: a minimally displaced sternum fracture; cervical/thoracic/trapezius strains; aggravation to pre-existing degenerative changes in her spine; cervical disc herniation; and anxiety. The plaintiff was transported to the emergency room by rescue squad and discharged home the same night. Following the ER, the plaintiff sought treatment from a myriad of providers over a 3-year period primarily consisting of primary care (nurse practitioner), prolonged chiropractic treatment, prolonged physical therapy, massages, an orthopedic provider and counseling. Medical expenses totaled $37,794.60. There was no wage loss claim.

A $30,000 offer was withdrawn shortly before trial.

At trial, defense counsel relied on the following: gaps in treatment, prior chronic neck and back complaints, prior fibromyalgia, prior chiropractic treatment since 2003 and leading up to the six months prior to the crash and degenerative disc disease for the past 20 years. Defense counsel asked the jury to consider approximately $11,000 in medical expenses.

The jury deliberated for a little over an hour and returned a verdict of $180,000. Despite total coverage of only $100,000, the judgment has been paid in full.

Plaintiff’s attorney David M. Williams Jr. provided case information.

[023-T-013]