Type of Action: Personal Injury, Tractor-Trailer Accident
Injuries Alleged: Permanent elbow injury
Name of case: Tara Moriarty v. James Harrell & Gilco Trucking
Court: Richmond Circuit Court
Tried Before: Jury
Name of Judge: Margaret Spencer
Special Damages: Medical Bills – $8,000; Wage Loss $500
Plaintiff’s Attorneys: Trent S. Kerns and Priscilla Woody
The plaintiff was a 34-year-old woman who was traveling on a four-lane highway in Chesterfield County. The defendent, operating a tractor-trailer, changed lanes, and the front of the tractor-trailer struck the left-rear of the plaintiff’s car pushing it in front of the tractor-trailer. The tractor-trailer pushed the plaintiff’s car sideways down the road.
The plaintiff’s arm was resting outside on the edge of her open left window. She was taken to the emergency room complaining of left shoulder, neck and back pain, and given a sling. The left elbow injury was not specifically documented in the medical records for almost seven months. However, the plaintiff testified that she had significant elbow pain and limited range of motion. Plaintiff’s doctors opined that her left elbow injury was permanent.
That afternoon before trial the defense admitted liability, but made no offer to resolve the case. The trial started in the late afternoon and finished around 9:30 pm. After an hour-long deliberation, the jury returned a verdict of $600,000.00.
Source: Virginia Lawyers Weekly, Issue January 11, 2010, Page 6, Verdicts & Settlements: Motorist’s elbow injured in tractor trailer collision. Page 24 VLW 826.