Virginia Lawyers Weekly: Driver fails to set brake; rig rolls over plaintiff $1,000,000 Settlement
Monday, August 22, 2011
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.
Settlement Amount: $1,000,000
Attorney for plaintiff: Jason W. Konvicka, Richmond - Allen, Allen, Allen & Allen
By Virginia Lawyers Weekly
Published: August 22, 2011
This personal injury action arose out of a tractor-trailer accident that occurred in November 2008. Plaintiff was working as a self-employed pilot/escort car driver. Her job was to escort tractor-trailers carrying oversized loads as they traveled on the interstate. The tractor-trailer that plaintiff was escorting arrived at its final destination.
After the tractor trailer was unloaded, the driver attempted to prepare his trailer for the return trip. In the process of preparing his trailer, the driver failed to set his parking brake. As a result, the rig began to roll backwards and rolled over the plaintiff while she was standing nearby.
Plaintiff suffered catastrophic injuries including a degloving injury of the right side of her face, the right upper chest and right arm; fractures of the right forearm; multiple loose or missing teeth; retro-orbital hemorrhage; fracture of the right nasal bone; and trauma to her right eye.
She was stabilized by members of the worksite crew and was transported by helicopter to a local hospital where she remained for six weeks. Plaintiff underwent numerous surgeries to clean, debride and repair her injuries. In total, plaintiff underwent over 10 different surgical procedures.
Plaintiff also suffered severe emotional trauma as a result of the accident. She has been diagnosed with post-traumatic stress disorder, anxiety and depression. She also experiences chronic pain and physical limitations due to her traumatic injuries.
Insurance coverage was limited to $1,000,000. A lawsuit was filed to explore the defendants' assets and the possibility of additional coverage. After a thorough investigation that included consultation with separate bankruptcy and insurance coverage attorneys, the case was resolved for $1,000,000. A portion of the settlement proceeds were structured.
Type of action: Personal Injury – Tractor-Trailer Accident
Injuries alleged: Degloving injury to right side of face, right upper chest and right arm; fractures of the right forearm; retro-orbital hemorrhage; fracture of the right nasal bone; trauma to the right eye
Name of case: Confidential
Special damages: Past medical expenses – $506,487
Date: June 14, 2011