Brault v. Capps
THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.
SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.
Location: Isle of Wight
Injuries: Motor Vehicle Crash, Orthopedic Injuries
At trial, Jason Konvicka represented a plaintiff who received a $2,600,000 verdict as compensation for injuries sustained in a high speed motor vehicle crash. The defendant drove into the plaintiff's lane of travel and the two vehicles crashed head on.
The plaintiff was cut from his vehicle and airlifted to a hospital where he was diagnosed with fractures of his heel, kneecap and wrist, among other injuries. Plaintiff was in the hospital for four days before he returned to Richmond where he lived with his wife and five children. Plaintiff received surgical repair of his heel fracture and assessment of left shoulder pain that was eventually diagnosed as a partial tear of the rotator cuff. Plaintiff's medical treatment took place over the next 18 months.
Prior to the crash, the plaintiff was active, healthy and independent in all respects. He enjoyed playing and coaching sports, hunting, camping, exercise, and spending time with his family. After the crash, the plaintiff was forced to cope with chronic daily pain in his right foot and knee. Recent x-rays confirmed the presence of traumatic arthritis in his heel, ankle and right knee.
The plaintiff was working at the time of the crash and missed four months (full time) and three months (part-time) from work while he recuperated from his injuries.
The defense agreed that the plaintiff sustained serious injuries, but argued that he had made a remarkable recovery as evidenced by his return to work. The defense also contested the plaintiff's left shoulder surgery arguing that it was largely due to pre-existing degenerative changes and challenged whether plaintiff would undergo future surgeries and other medical care.
The plaintiff was driving a company car at the time of the crash and was covered under the Uninsured Motorist provision in three different insurance policies. Mediation was scheduled, but ultimately cancelled when one insurance carrier would not agree to participate. However, settlement discussions were not successful and trial recommenced.
In his closing argument, Jason Konvicka requested $3,000,000.00 and the jury comprised of seven men returned a verdict in the amount of $2,600,000.00 after 32 minutes of deliberation.
Attorney Mic McConnell handled a pre-trial motion, a motion during trial related to wage loss, the video-deposition of a treating surgeon, and the direct examination of the plaintiff's wife.