Virginia Lawyers Weekly//September 25, 2023
Virginia Lawyers Weekly//September 25, 2023//
Type of action: Auto accident
Injuries alleged: Cervical herniated discs resulting in anterior cervical discectomy and fusion with a future spinal cord stimulator recommended; lower back/lumbar sprain/strain; concussion
Name of case: Christian v. Williams
Court: Richmond Circuit Court
Case no.: Cl22002956-00
Date resolved: 6/7/2023
Special damages: $150,282.23 in past medical bills; $11,900 in past wage loss; $597,714 in future medical bills
Verdict or settlement: Settlement
Attorney for plaintiff: Tara L. Tighe, Arlington
Description of case: Plaintiff entered an intersection on a green light waiting for traffic to clear to make a left turn. His light turned yellow, then red and all oncoming traffic stopped. Plaintiff proceeded to complete his left turn when he was hit by an oncoming vehicle in the last lane of traffic. Plaintiff’s vehicle was spun around 270 degrees and all airbags deployed. Defendant testified during deposition that her light was yellow when she entered the intersection. Police body camera footage and the defendant’s mother’s testimony contradicted the defendant’s version and suggested her light was red when she entered the intersection. The defense alleged plaintiff was contributorily negligent.
The defendant was uninsured and the case was defended by plaintiff’s two uninsured motorist carriers.
Plaintiff presented to the emergency room the following day and was diagnosed with a concussion, lumbar sprains/strains and cervical sprains/strains with radiating numbness and tingling. Plaintiff received an MRI within three weeks which revealed herniated discs and resulted in an anterior cervical discectomy and fusion six months after the crash. Despite successful surgery, plaintiff continued to have ongoing pain coming from his neck. Plaintiff was recommended for a spinal cord stimulator due to his pain levels being 6-10/10. Plaintiff was 29 at the time of the crash.
The defendant argued that the plaintiff had a lifelong history of neck pain and that the injuries were not related to the crash.
Both liability and causation would have been contested at trial. The matter settled before defendant’s experts were disclosed.
Plaintiff’s counsel Tara L. Tighe provided case information.