Virginia Lawyers Weekly: Pedestrian was struck by van in parking lot –
Monday, April 11, 2016
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: $1,600,000
Attorney for plaintiff: Paul McCourt Curley, Fredericksburg - Allen, Allen, Allen & Allen
By: Virginia Lawyers Weekly
Published: April 11, 2016
On Sept. 5, 2014 plaintiff and her daughter went to a Chick-fil-A restaurant to have lunch. They exited their vehicle and walked across the parking lot towards the door of the restaurant. As they were walking to the door the defendant, operating a van, drove around plaintiff's daughter but ran into plaintiff. The point of impact was the bumper of the defendant's van and plaintiff's right knee, which impact knocked plaintiff to the pavement where she struck her head.
As a direct result of being hit by the defendant's van, plaintiff suffered a head injury, a comminuted proximal tibial fracture, a fibular neck fracture, and developed compartment syndrome in her right leg. She underwent several surgeries, including a 4 compartment fasciotomy, open reduction and internal fixation with hardware placement for the fractures, fasciotomy release, debridement and skin grafts. Plaintiff was a classic "eggshell plaintiff" due to her pre-existing comorbidities, including, coronary artery disease, type II diabetes, recurrent deep vein thrombosis, stage 3 chronic kidney disease, diabetic neuropathy, enterocutaneous fistulas, and obesity, all of which made her treatment course and rehabilitation extremely complicated. She was hospitalized on eight separate occasions, totaling almost three months. She suffered complications from hardware infection, wound dehiscence, open wounds and pressure ulcers, enterocutaneous fistula tear, depression and severe pain. Plaintiff's surgeons believe that while reconstructive knee surgery is required, the risks of severe complications and likely limb loss outweigh the benefits.
The defense alleged contributory negligence claiming that plaintiff failed to keep a proper lookout and also maintained that some of plaintiff's treatment and medical expenses were due to her pre-existing conditions. Judge Michael C. Allen of the McCammon Group successfully mediated this case.
Type of action: Personal Injury–Pedestrian/Motor Vehicle
Injuries alleged: Comminuted proximal tibial fracture, fibular neck fracture, and compartment syndrome right leg.
Tried before: Mediation
Name of judge or mediator: Michael C. Allen
Date resolved: Jan. 14, 2016
Special damages: $541,031.50 past medical bills, future care in LCP
Verdict or settlement: Settlement
Attorneys for plaintiff: Paul McCourt Curley, Fredericksburg
Attorneys for defendant: Ali Hashemi, MD (Orthopedic Surgeon); Susan Riddick-Grisham, RN (Life Care Planner)