Plaintiff was a 41-year-old divorced man who worked as a highway construction inspector. Near midnight on July 1, 2010, the plaintiff positioned his work truck, a leased vehicle, in the safety zone of a VDOT work site on Interstate 295 in Henrico County. His truck was specially equipped with an amber flashing light, other lights were on and he was wearing a lighted helmet and reflective clothing. The plaintiff was outside of his vehicle when the defendant driver drove his vehicle into the area set off by safety cones hitting the plaintiff at a speed greater than 50 mph. The plaintiff has no memory of 1 week before the accident until about 2 months after. He was rushed to MCV Hospital with life-threatening injuries. The plaintiff suffered a thoracic aortic injury, transected celiac artery, pleural effusion and more than 25 open and closed fractures. He was hospitalized at MCV for 39 days and then moved to inpatient rehabilitation for 52 days. As of 18 months post-accident, the plaintiff was not able to return to work. Plaintiff filed a civil action in Henrico Circuit Court and a Declaratory Judgment action in federal court. All carriers questioned plaintiff’s “use” of a safety-equipped vehicle pursuant to Va. Code § 38.2-2206 and available UIM coverage was disputed. Following discovery and several depositions of the police officers, state troopers and rescue personnel, the case was mediated before Judge Dohnal and resolved.
Type of action: Personal injury - declaratory judgement action
Injuries alleged: Thoracic aortic injury, transected celiac artery, pleural effusion and more than 25 open and closed fractures
Name of case: Confidential
Court: U.S. District Court - Easter District of Virginia
Tried before: Mediation
Mediator: Dennis W. Dohnal
Date: Oct. 21, 2011
Verdict or settlement: Settlement
Amount: $1,700,000
Special damages: More than $1,000,000 in medial expenses and lost wages
Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, and Elliot M. Buckner, Richmond
Plaintiff’s experts: John J. Rasmussen, insurance coverage; Craig B. Davis, workman’s compensation lien issues
This case result appeared in the 012.26.11 issue of Virginia Lawyers Weekly.
