Powers v. Simborski

THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.

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.

Location: Stafford County Circuit Court
Injuries: Orthopedic Injuries, Spinal Injuries
Verdict: $175,000

The 72-year-old defendant was pulling into a parking spot at a local bank when she lost control of her SUV,  jumped the sidewalk and crashed into the bank’s vestibule. The impact occurred just as the plaintiff, a 47-year-old restaurant manager, was walking into the building to make a deposit for work. It happened so quickly, the plaintiff was unsure if she was stuck by the vehicle, the falling debris or both. The defendant initially claimed a sudden mechanical failure but subsequently admitted liability at trial.

Type of action: Personal injury – auto/pedestrian accident
Injuries alleged: Cervical and lumbar strains, hematomas to the hip and leg, knee sprain, nerve damage to the leg, trochanteric bursitis of the hip and a foot contusion/post-traumatic plantar fasciitis
Name of case: Powers v. Simborski
Court: Stafford County Circuit Court
Case no.: CL13001186-00
Tried before: Jury
Judge: Charles S. Sharp
Date resolved: May 19, 2015
Special damages: Past medicals – $21,978.70; future medicals – $10,362.57; wage loss – $2,873.14
Demand: $75,000
Offer: $60,000
Verdict or settlement: Verdict
Amount: $175,000
Attorney for plaintiff: David M. Williams Jr., Stafford
Plaintiff’s experts: David Sokolow, M.D., orthopedics
Insurance carrier: Allstate