Deputy claims suspects’ actions resulted in knee injury, surgery — $180,000 settlement

Type of action: Negligence and tort

Injuries alleged: Right knee meniscus tear

Date resolved: July 10, 2025

Special damages: $36,347.29 in medical expenses

Attorneys for plaintiff: Emily E. Smith and Wil Van Winkle, Fredericksburg, Allen, Allen, Allen & Allen

Description of case: A Stafford County deputy resolved a personal injury claim against a towing company for $180,000 following a scuffle at a McDonald’s restaurant.

The plaintiff responded to the restaurant after reports of an unruly customer upset over French fries. On arrival, he encountered the defendant and at least four other employees of a Charlottesville towing company, who were engaged in a heated dispute with McDonald’s staff.

Despite repeated requests to leave, the towing company employees remained on the premises, and a physical altercation ensued. The plaintiff suffered a right knee meniscus tear that required surgical repair.

Criminal charges were brought against all towing company employees involved. The plaintiff pursued a civil claim against the towing company, which was resolved for $180,000 with Nationwide, the company’s commercial liability policy.

Emily E. Smith, counsel for the plaintiff, provided case information.

[025-T-148]