Driver injured in collision with panel truck — $1.15M settlement

Type of action: Personal injury

Injuries alleged: Cervical fracture C6-C7-T1

Tried before: Mediation

Date resolved: 10/4/2023

Special damages: $215,528

Verdict or settlement: Settlement

Amount: $1,150,000

Attorneys for plaintiff: Gary Brooks Mims and Matthew Perushek, Fairfax

Description of case: The 76-year-old plaintiff was driving on two-lane road in McLean. The defendant, operating a large panel truck, made a left turn across plaintiff’s path, resulting in a head-on collision. Police arrived at the scene and failed to write a report or charge defendant. After counsel for plaintiff met with the officer (a year later), the officer then filed a report but could not charge the defendant.

Defendant denied liability alleging that plaintiff was driving at an excessive speed and that his history of Parkinson’s diminished his reaction time contributing to the collision. There were no witnesses.

Before the collision, plaintiff had significant kyphosis of the cervical spine and mobility issues associated with his Parkinson’s disease. Plaintiff’s counsel Gary Brooks Mims submitted case information.

[023-T-226]