Passenger fractured hip after driver struck tree — $245,000 settlement

Type of action: Auto accident, personal injury

Injuries alleged: Fractured hip requiring surgery and an overnight inpatient hospital admission; closed head injury without loss of consciousness

Court: Portsmouth Circuit Court

Special damages: $90,055 in medical bills; $8,900 in lost wages

Verdict or settlement: Settlement

Amount: $245,000

Attorneys for plaintiff: John E. Basilone and Brian M. Latuga, Virginia Beach

Description of case: The plaintiff was a passenger in her own car that was being driven by her boyfriend on their way back to the plaintiff’s house from a date night when it went off the road and struck a small tree. The vehicle was still drivable, and they continued on to the plaintiff’s house.

The plaintiff subsequently developed a lot of pain, and the next morning was taken by a family member to a hospital emergency room where she was diagnosed with a fractured hip for which she underwent surgery and was admitted to the hospital overnight. She also had a closed head injury without loss of consciousness from her head hitting the windshield.

The accident was never reported to law enforcement, and subsequent investigation failed to locate the exact location where it occurred. The couple subsequently broke up and the boyfriend initially tried to deny the accident ever occurred, and then later claimed that the plaintiff was the one driving, before admitting that he was the driver.

The accident occurred in Virginia Beach; however the case was filed in Portsmouth based on residency of the defendant. The case settled after depositions. The settlement was a combination of liability coverage and underinsured motorist (UIM) coverages.

Plaintiff’s counsel John E. Basilone provided case information.

[024-T-016]