Richmond attorneys net $3M settlement in WV

Type of action: Auto accident, personal injury

Court: U.S. District Court for the Southern District of West Virginia, Beckley Division

Verdict or settlement: Settlement

Amount: $3,000,000

Attorneys for plaintiff: John C. Shea, Tara A. Enix and Roger T. Creager, Richmond

Description of case: Plaintiff was a 22-year-old from Indiana in West Virginia for work. Plaintiff and a coworker were headed to their hotel when one of plaintiff’s tires went flat. Plaintiff changed the flat tire for a spare, which subsequently also went flat. Plaintiff was traveling on the interstate at 9 mph on the rim with his flashers on. Defendant struck plaintiff’s vehicle in the rear.

Plaintiff was ejected from the vehicle and suffered extensive injuries. He was transported to Carillion Roanoke Memorial Hospital. During his hospitalization, plaintiff required multiple surgeries.

Liability was contested. Defense counsel took the position that plaintiff significantly contributed to the collision by driving on the interstate on a flat donut at an extremely low rate of speed rather than getting off the interstate or waiting on the shoulder of the roadway.

A mediation was conducted with Doug Adkins of Cyrus & Adkins in Huntington, West Virginia.

A focus group was conducted by Jury Impressions. Medical illustrations, demonstrative exhibits and mediation preparation were prepared with the help of ALCAR, Inc. and AMICUS Visual Solutions.

Tara Enix, counsel for the plaintiff, provided case information.

[024-T-076]