Type of action: Tractor-trailer wreck, personal injury
Injuries alleged: Partial traumatic amputation of right shoulder joint, concussion, facial fractures, right scapula fracture, amnesia, acute stress reaction, dysphagia, chronic pain, neuropathy and scalp laceration
Name of judge or mediator: Judge Peter Stout (Ret.)
Verdict or settlement: Settlement
Attorneys for plaintiff: John C. Shea and Tara A. Enix, Richmond
Description of case: Plaintiff was a 32-year-old passenger in a vehicle driven by his stepbrother at the time of the wreck. Plaintiff, his stepbrother and a third man (who was sitting in the back seat at the time of the wreck) were passing through Virginia on a trip from Pennsylvania to Mississippi. As they were driving on Interstate 81 in Botetourt County, police attempted to pull over plaintiff’s stepbrother who responded by fleeing, resulting in a high-speed chase. As plaintiff’s host driver took an exit ramp off I-81, he lost control, striking a tractor-trailer illegally parked on the shoulder of the exit ramp.
Plaintiff was ejected from the vehicle upon impact. The backseat passenger died because of injuries sustained in the crash. He was survived by three minor children.
Plaintiff was not employed. Plaintiff was hospitalized for 15 days. During that time, plaintiff underwent multiple surgeries.
Plaintiff’s host driver had no insurance and the tractor-trailer driver had only $1 million in liability coverage. There was no other coverage. The tractor-trailer’s insurer tendered its limits and participated in mediation with Ret. Judge Peter Stout to apportion the coverage.
Tara A. Enix, counsel for plaintiff, provided case information.