Motor Vehicle Negligence – Struck by vehicle in parking lot, woman sustains spinal injuries

$800,000 settlement

Injuries alleged: Concussion, aggravation of preexisting lumbar spine condition, scalp lacerations, damage to spinal cord stimulator

Court: Circuit Court of Berkeley County, West Virginia

Date resolved: Jan. 6, 2026

Special damages: $178,673 in past medical expenses and $307,675 in future medical expenses

Amount: $800,000

Attorney for plaintiff: Peter Pentony, Leesburg, WilliamsFord
Personal Injury Law

Case description: The plaintiff was a 67-year-old Virginia resident who provided significant care to her elderly mother, a West Virginia
resident. On Feb. 16, 2023, the plaintiff traveled to Inwood, West Virginia, to purchase groceries for her mother. As the plaintiff walked through the grocery store parking lot, the defendant, an employee of a Virginia construction company, was driving past the front of the store in a large pickup truck.

The defendant encountered a car that had stopped in the lane of travel, so he drove around the stopped car. As he did so, he struck the plaintiff, who was walking toward the entrance of the store.

The grocery store’s security cameras captured the incident. The plaintiff’s counsel sent a spoliation letter and was ultimately able to obtain the video. While the video confirmed the defendant driving around the stopped vehicle, it also showed him immediately jumping out of the truck and comforting the plaintiff until emergency medical personnel arrived.

The plaintiff had complicated preexisting spinal conditions involving prior cervical fusions, lumbar decompressions and the implantation of a spinal cord stimulator (SCS). As a result of the impact, the plaintiff suffered a concussion and exacerbation of her chronic spinal pathology. After several months, she completely recovered from the concussion, but her spinal pain worsened. Due to the SCS, she was unable to have an MRI.

Her treatment modalities included physical therapy, lumbar facet injections, bilateral lumbar radiofrequency ablations (RFA) and a sacroiliac injection. The impact also disrupted her SCS system, impairing her ability to use it for pain control. The plaintiff’s treating doctor recommended that she undergo repeat lumbar RFA every six to 18 months, with the potential for a complete SCS revision if the efficacy of the ablations diminishes.

The defense expert agreed with the treating doctor about certain aspects of the plaintiff’s treatment but disagreed about the crash causing any issues with the SCS, a large component of both the past and the future medical expenses claimed by the plaintiff.

Trial was scheduled for March 2026 in the Circuit Court of Berkeley County, West Virginia. In January 2026, the case settled through negotiations between counsel.