Virginia Lawyers Weekly//September 18, 2023
Virginia Lawyers Weekly//September 18, 2023
Type of action: Personal injury, auto accident
Injuries alleged: Permanently decreased hearing, spinal strains, thumb sprain and knee contusion
Name of case: Lopez Garcia v. Blair, et al.
Court: Chesterfield County Circuit Court
Case no.: CL 21003357-000
Tried before: Mediation
Name of judge or mediator: Judge Beverly Snukals (Ret.)
Date resolved: 5/19/2023
Special damages: Past medicals of $22,559.24; future medicals of $64,440; wage loss of $1,250
Verdict or settlement: Settlement
Amount: $240,000
Attorney for plaintiff: Tara L. Tighe, Arlington
Description of case: The plaintiff was on his way to work when the defendant, driving a company van, ran a stop sign and caused the plaintiff to crash into the side of the defendant’s van. The plaintiff’s airbags deployed and the car was a total loss.
Plaintiff took an ambulance to the ER and followed up with an orthopedist and physical therapy. When decreased hearing didn’t improve, he went to an ENT where he was diagnosed with permanently decreased hearing. Plaintiff’s expert explained that the sound of the air bag deploying can cause hearing loss. Plaintiff was only 29 when he was injured, leaving him to deal with decreased hearing loss for two-thirds of his life.
The defendant contested the amount of hearing loss done by the airbag and that the decrease in hearing was minor.
The case resolved at mediation before the defendant’s experts were disclosed.
Plaintiff’s counsel Tara L. Tighe provided case information.
[023-T-084]