Defending Your Rights And Protecting You And Your Family

Man Incapacitated By Incident With Truck

Type of action: Personal Injury – auto accident
Injuries alleged: Plaintiff fractured his left femoral head which required open reduction with internal fixation; lost the first phalange of the last three fingers of his dominant hand and sustained a depressed skull fracture with an associated brain injury
Name of case: Confidential
Court: Southampton Circuit Court
Special damages: $225,000 in current medical bills; $56,000 in lost wages; $1,598,000 in future wages
Tried before: Arbitration
Date: Feb. 16, 2011
Arbitrator: Thomas Shadrick
Verdict or settlement: Settlement
Amount: $4,750,000
Attorneys for plaintiff: O.L. “Buzz” Gilbert and John A. Heilig, Norfolk
Attorney for defendant: George Dancigers, Virginia Beach
Plaintiff’s experts: Dr. Gregory O’Shannick, neuropsychiatrist, Richmond; Dr. Adam Rosenblatt, neuropsychiatrist, Johns Hopkins University, Baltimore

Plaintiff, a 29-year-old man, was seriously injured when he was struck head-on by a truck making a left turn on a rural roadway. Liability, although not admitted, was clear. Plaintiff was unconscious at the scene and needed to be intubated.

He was admitted to the trauma service at Norfolk General Hospital. He had a comminuted fracture of the proximal femur, which required an open reduction with plating and screws. He had third degree burns on the last three fingers of his dominant hand which had to be amputated at the distal phalange. He lost dexterity in his hand as well as grip strength.

Plaintiff also sustained a skull fracture with brain bleed and was diagnosed with a traumatic brain injury. He recovered significantly and is now able to perform all activities of daily living including driving a motor vehicle.