Listen to this articleType of action: Personal injury, commercial vehicle crash
Injuries alleged: Closed fracture of ramus of left pubis, left displaced acetabular fracture, left hip dislocation, transection of left superior gluteal artery, right tibial plateau fracture, fracture of left ilium, fracture of right fibula, left L5 transverse process fracture, neuropathy to bilateral legs and feet and left foot drop
Name of case: Davis Jr. v. White and T.D. Harris Hauling, Inc.
Court: Henrico Circuit Court
Date resolved: 9/19/2023
Special damages: Past medical bills of $1,298,991.76; past wage loss of $104,814.46; future wage loss of $476,078.06
Verdict or settlement: Settlement
Amount: $2,999,969.85
Attorneys for plaintiff: Jason W. Konvicka and Jennifer G. Capocelli, Richmond
Description of case: This personal injury case arose out of a commercial vehicle crash that occurred on June 17, 2022. Allen Davis was operating a trash truck on Interstate 295 North. As Davis merged onto I-295, the trash truck he was operating contacted a car traveling in the middle lane. Davis and the driver of the other vehicle subsequently pulled onto the left shoulder to exchange information. Roughly 10 minutes later, Joseph White, who was operating a dump truck for T.D. Harris Hauling, Inc., lost control of his vehicle and skidded off the highway, and onto the left shoulder, striking Davis. White claimed that he lost control when braking after an unidentified “white box truck” slowed suddenly in front of him.
Davis was taken emergently to VCU Medical Center where he was diagnosed and treated for traumatic injuries including, but not limited to: closed fracture of ramus of left pubis, left displaced acetabular fracture, left hip dislocation, transection of left superior gluteal artery, right tibial plateau fracture, fracture of left ilium, fracture of right fibula, left L5 transverse process fracture, neuropathy to bilateral legs and feet and left foot drop. He remained hospitalized for almost two months and underwent surgeries and procedures including closed manipulation of left hip dislocation and left acetabulum fracture with insertion of femoral tracking pin, exploratory laparotomy with abdominal packing (x 2), placement of central line, pelvic angiogram and embolization, exploratory laparotomy with irrigation, removal of packing and closure, open reduction internal fixation left acetabular fracture, external fixation to right lower extremity, bedside external fixation removal from right tibial plateau fracture and right total knee arthroplasty.
Following discharge from VCU Medical Center, Davis underwent six weeks of inpatient rehabilitation at Sheltering Arms Rehabilitation Hospital. Davis continues to recover from his injuries and will never work again as a trash truck driver. Although future medical care will be required, it was not claimed due to the amount of available liability/excess insurance coverage.
Mr. Davis filed suit in the Henrico Circuit Court. Trial was scheduled for January 2024. The case was settled shortly after party depositions were taken for $2,999,969.85 (which represented the full amount of available insurance). Jennifer Capocelli represented Davis for his workers’ compensation claim and negotiated a complete waiver of the workers’ compensation lien totaling $794,363.59.
Plaintiff’s counsel Jason W. Konvicka provided case information.
[023-T-180]
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