| Brain injured driver wins $6.3 million |
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OCTOBER 23, 2000 VIRGINIA LAWYERS WEEKLY BRAIN INJURED DRIVER WINS $6.3 MILLION Published: Monday, October 23, 2000 © 2000 Lawyers Weekly Inc. Type of Action: Personal Injury - Auto Accident Type of Injuries: Severe closed head/traumatic brain injury with brain stem trauma with loss of speech, diminished vision, loss of ability to walk without assistance and multiple fractures. Plaintiff's injuries rendered him totally and completely dependent on others for all tasks of everyday living, including but not limited to eating, bathing, dressing, etc. Name of Case: Thompson v. Porte, Almas, et al Court/Case #: Norfolk Circuit Court, At Law No. L98-1500 and L99-2227 Judge or Jury: Jury Name of Judge: N/A Special Damages: Approximately $250,000 in medicals as of 9/99 - approximate future lost wages of $750,000 and significant future medical and life care expenses based upon a Life Care Plan prepared by a plaintiff's expert rehabilitation counselor/certified case manager. Awarded/Settled: Settled in part, trial in part Amount: First defendant that rear-ended plaintiff settled for $2,400,000 (all of the available coverage). Second defendant tried with a verdict for the plaintiff of $3,700,000. Third defendant tried as an uninsured motorist and settled for $200,000. Attorneys for Plaintiff: Michael F. Imprevento, John W. Drescher, and Jeffrey A. Breit of Norfolk Plaintiff's Experts: Dr. Gregory O'Shanick; Dr. Tripti Jena; Marianne Baxter, R.N.; Sharon Reavis, Rehabilitation Counselor/Certified Case Manager; William G. Reese, Ph.D., Economist Insurance Carrier: Montgomery Mutual - Government Employees Insurance Company (uninsured motorist coverage) Other Useful Info: Plaintiff was stopped on an interstate highway due to an accident in front of him involving vehicles driven by two other drivers. Subsequently, a third vehicle approached the plaintiff's vehicle from behind and failed to stop, causing his vehicle to strike the plaintiff's vehicle with great impact. Plaintiff sued the driver of the vehicle which stopped on the interstate, the driver who caused that second driver to stop and the driver who rear-ended plaintiff when he was stopped. The plaintiff is limited in his ability to communicate to any substantial extent with the outside world. He cannot work at his previous calling and will never hold gainful employment at any time in the future. In December, 1998, during the course of plaintiff's case against all defendants (At Law No. L98-1500), the plaintiff entered into a covenant not to sue for $2,400,000 against the defendant who rear-ended the plaintiff. The plaintiff continued his claim against the remaining defendants. A bench trial was held on September 7, 1999, and on the morning of trial the plaintiff nonsuited defendant Almas, who was uninsured at the time of the accident and represented by the plaintiff's uninsured motorist carrier. At the conclusion of the bench trial, judgment in the amount of $3,700,000 was entered against defendants Porte and Stormont Trice Corporation. Subsequently the plaintiff refiled his lawsuit against Almas (At Law No. L99-2227), an uninsured motorist, defended by the plaintiff's own insurance carrier, GEICO. GEICO claimed that it was fully discharged of the initial $3,700,000 judgment and, therefore, the plaintiff was prohibited from pursuing a further judgment against Almas. Briefs were filed by counsel for the parties and the court eventually determined that it would permit the matter to proceed to trial. Following the testimony of several of the plaintiff's witnesses on the first day of trial on May 1, 2000, this matter was settled between the parties; settlement was in the amount of $200,000.
This article is © 2000 Lawyers Weekly, Inc., All Rights Reserved. Awarded: $6,300,000 |
Some people say personal injury law is just about money. It's not.
It's about rebuilding the face of a young girl shattered by a drunk driver. It's about college money for 2 young boys, their father killed by a speeding tractor trailer.