Fraser v. Ward and Virginia Beach School Board
Type of action: Personal injury – auto/school bus accident
Injuries alleged: Right orbital fracture, injury to four front teeth, stitches in her lip, fracture of the left nasal bone and post concussion syndrome
Name of case: Fraser v. Ward and Virginia Beach School Board
Court: Virginia Beach Circuit Court
Case no.: CL0900455-00
Resolved before: Mediation
Special damages: Approx. $75,000 in past and future med expenses; disputed lost wage claim of past lost wage claim of approx. $30,000
Verdict or settlement: Settlement
Attorney for plaintiff: George T. Albiston, Norfolk
Attorneys for defendant: Jeffrey A. Hunn and Richard Matthews, Norfolk
Plaintiff’s experts: Steven Gershon, M.D.; Errol Liebowitz, Ph.D.; Patrick Kilhenny, M.D.
Defense experts: Harry A. Allen, M.D.; Charles Hecht-Leavitt, M.D.; Scott Sautter, M.D.
This was a clear liability auto accident involving a school bus operated by the defendant. The bus ran a stop sign, striking the right side of the plaintiff’s car. She sustained multiple bruises, contusions, orbital fracture, facial soft tissue swelling and four damaged teeth, which had to be repaired. She had a post-concussive syndrome which manifested itself in anxiety and depression resulting from the ongoing difficulties with her neck injury. She suffered primarily soft tissue injury to her neck and was treated with Botox injections.
Defense contended that because the plaintiff was a seasonable timeshare salesperson and not employed at the time of this accident, she had no appreciable lost wages. The defendants contended that because the plaintiff had no consistent earnings history that she could not claim loss of earnings. Defendants also argued prior anxiety and depression contributed to her post-accident recovery as evidenced by large gaps in care.