By Virginia Lawyers Weekly
Published: April 5, 2010
On Aug. 31, 2007, the plaintiff was a 17-year-old front seat passenger in his mother’s car when it was involved in a motor vehicle collision on Route 218 in King George County. The defendant crossed the double solid lines and struck the plaintiff’s vehicle head on.
The plaintiff sustained various contusions and three broken bones (second, third and fourth metatarsals) of the right foot. Initially, his injuries were thought to be more serious and he was airlifted from the scene to INOVA Fairfax Hospital. However, he was later discharged that same day.
Thereafter, the majority of the plaintiff’s care was rendered by a podiatrist, Dr. Irene Terrell.
Terrell performed an open reduction internal fixation surgical procedure three weeks after the crash to repair the fractures. Terrell had performed a similar operation on another bone in that same foot due to a slip and fall accident the plaintiff had approximately five months prior to the car crash.
Medical specials totaled $65,207.46. A large portion of those bills were for the airlift and initial ER visit. The plaintiff made a good recovery and the case settled for $210,000.
Type of action: Negligence – motor vehicle collision
Type of injuries: Fractures of the second through fourth metatarsals
Name of case: Michael Bourne v. Catherine Garfield
Court: King George County Circuit Court
Case no.: CL 08-172
Special damages: Medical – $65,207.46
Verdict or Settlement: Settlement
Plaintiff’s attorneys: David M. Williams Jr. and Douglas A. Barry, Fredericksburg
Plaintiff’s expert: Irene Terrell DPM
Insurance carrier: GEICO
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