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Location: Richmond Circuit Court
Injuries: Spinal Injuries, Traumatic Brain Injuries
On July 5, 2012 a 12-year-old boy was riding as a passenger in the back seat of a Mitsubishi Lancer driven by a family friend. They were driving south on I-95 in the left lane when a Mack dump truck, traveling in the right lane, abruptly changed lanes to make an illegal U-turn using the “Authorized Vehicles Only” crossover. The driver of the plaintiff’s vehicle testified that he slammed on his brakes, but was unable to stop and crashed into the back of the dump truck. Data obtained from the electronic control module in the dump truck indicated that the truck was traveling approximately 15 miles per hour at the moment of impact, supporting the testimony of the individual driving the car in which the plaintiff was traveling.
The young plaintiff sustained a series of catastrophic injuries, a few of which included the rupture of his abdominal wall, L2-3 fracture dislocation with complete spinal cord injury, traumatic brain injury with documented loss of consciousness, and radiographic evidence of brain injury. As a result of the accident, the plaintiff will require the use of a wheelchair, colostomy and condom catheter for the rest of his life.
The plaintiff filed a lawsuit in June 2013 and the case was litigated over the following 16 months by Allen & Allen attorneys Paul D. Hux, Jason W. Konvicka and P. Christopher Guedri. The liability of the accident was contested as were portions of the plaintiff’s damages claim, particularly the severity of the brain injury that the plaintiff sustained. Over 25 depositions were taken by a number of expert witnesses and the case was mediated just a week and a half prior to trial. Mediation was unsuccessful, but settlement discussions continued and ultimately these 3 Allen & Allen attorneys were able to negotiate a settlement of $22,000,000 on the Friday prior to trial.
A special needs trust was established to protect Medicaid eligibility for the plaintiff and members of his family. In addition, a portion of the settlement was structured so that the plaintiff will receive $66,500,000 in monthly payments over the course of the plaintiffs expected lifetime.