Commercial dump truck struck vehicle on I-64 — $1.75M verdict

Type of action: Auto accident

Injuries alleged: Mild traumatic brain injury, post traumatic stress disorder, soft tissue injuries

Name of case: Williams v. Handley Excavation & Development, LLC, et al.

Court: Albemarle County Circuit Court

Case no.: CL21-757

Tried before: Jury

Name of judge or mediator: Judge Cheryl V. Higgins

Date resolved: 11/3/2023

Special damages: $88,317 in past medical expenses; $293,922 in future medical expenses; $405,000 lost earning capacity

Demand: $2,750,000

Offer: $125,000

Verdict or settlement: Verdict

Amount: $1,750,000

Attorneys for plaintiff: Robert E. Byrne Jr., Lauren M. Byrne and Jonathan T. Wren, Charlottesville

Description of case: Plaintiff was driving an SUV on Interstate 64 when traffic started slowing. A commercial dump truck approached her from behind going approximately 70 mph, swerved to avoid traffic, bounced off the right guardrail and back into traffic, and struck the passenger side of plaintiff’s vehicle at a high rate of speed. Plaintiff’s vehicle was pushed off the road and into an embankment in the median.

First responders reported that plaintiff was alert and oriented following the crash, and that she was tending to her upset children. Plaintiff and her four children were transported from the scene by ambulance, evaluated at the emergency room and released. After being released, plaintiff was unable to drive approximately 30 minutes to her home but stayed in a hotel for several days. During that time, plaintiff had two additional emergency room visits for a panic attack and for soft-tissue injuries.

Plaintiff claimed that she sustained a mild traumatic brain injury, post-traumatic stress disorder and some soft tissue injuries from the crash. Plaintiff, who was a college professor, received tenure several months after the crash. Approximately two and a half years after the crash, however, plaintiff resigned from her position, claiming that her injuries prevented her from fulfilling the duties of the job. At trial, plaintiff sought her past medical expenses, future medical expenses and put on evidence of lost earning capacity.

Plaintiff’s counsel Robert E. Byrne Jr. provided case information.

[023-T-194]