Listen to this articleType of action: Personal injury
Injuries alleged: Multiple nasal fractures, facial degloving injury, traumatic brain injury resulting in post-concussive headaches, bilateral tinnitus and visual disturbance in left eye
Tried before: Mediation
Date resolved: 8/29/2023
Special damages: $200,000 medical damages; $786,000 future medical damages
Verdict or settlement: Settlement
Amount: $3,250,000
Attorneys for plaintiff: Derrick L. Walker and Jason W. Konvicka, Richmond
Description of case: This case arose out of a tractor-trailer collision that occurred when a commercial driver lost control of his 18-wheeler while traveling southbound on Interstate 81. After losing control of his vehicle, he crossed the grassy median, entered the northbound travel lanes and struck the plaintiff’s vehicle essentially head on. The driver responsible for the crash died at the scene.
The plaintiff sustained significant physical injuries, including multiple nasal fractures, a facial degloving injury, a traumatic brain injury resulting in post-concussive headaches, bilateral tinnitus and a visual disturbance affecting his left eye.
The plaintiff’s brain injury medicine experts classified his head injury as mild to moderate with permanent cognitive deficits and other brain injury-related sequela. Those same experts agreed that the plaintiff, also a commercial driver, would be unable to return to commercial driving or any other form of competitive employment.
Defense experts contested the plaintiff’s traumatic brain injury diagnosis. Specifically, they argued that because he did not lose consciousness following the crash and had essentially a normal Glascow Coma Score, his injury did not meet the diagnostic criteria for a traumatic brain injury. Defense experts also highlighted the results of the DME neuropsychological testing administered to the plaintiff which did not show any cognitive deficits. Defense experts also opined that the plaintiff made a full recovery from his crash-related injuries and was completely capable of resuming employment as a commercial driver without limitation.
The plaintiff incurred approximately $200,000 in past medical expenses and projected future medical expenses of approximately $786,000 which were vigorously contested.
The parties reached a settlement in the amount of $3.25 million during mediation.
Derrick L. Walker, counsel for the plaintiff, provided case information.
[023-T-185]
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