| Injured School Principal gets $600,000 in truck accident |
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APRIL 8, 2002 VIRGINIA LAWYERS WEEKLY SCHOOL PRINCIPAL WINS $600,000 VERDICT Published: January 16, 2001 © Virginia Lawyers Weekly Inc. Type of Action: Negligence - Motor Vehicle Type of Injuries: Comminuted fractures of the femur, radius and elbow Name of Case: Kenneth W. Gray v. David E. Johnson and New Prime, Inc. Court/Case No.: United States District Court, Eastern District of Virginia #2:01cv219 Judge or Jury: Jury Name of Judge: F. Bradford Stillman Special Damages: Medical Expenses of $85,228.87 and lost wages of $18,583.26 Awarded/Settled: Awarded Amount: $600,000.00 Plaintiff's Experts: Stephen B. Chewning, accident reconstructionist, Richmond; and Dr. John A. Williamson, orthopaedic surgeon, Virginia Beach Defendant's Experts: David O. McAllister, accident reconstructionist, Richmond Insurance Carrier: Reliance Insurance Company Highest Offer: $250,000.00 before the insurer, Reliance Insurance Company became insolvent on October 3, 2001. Thereafter, the offer was zero. Lowest Demand: $750,000.00 Other Useful Information: The plaintiff, a retiring Hampton elementary school principal, was driving his pick-up truck northbound on Route 258 in Isle of Wight County. Defendant Johnson, while acting within the scope of his employment with New Prime, Inc., was operating a tractor trailer southbound on Route 258. The collision occurred on Johnson's side of the road. Three independent eyewitnesses placed the tractor trailer in the plaintiff's lane of travel immediately prior to the collision. An off-duty emergency medical technician rendering assistance to the plaintiff within minutes of the crash testified that the plaintiff told him, "The tractor trailer was in the middle of the road. I swerved to miss it and the accident happened." The plaintiff experienced retrograde amnesia and had no recollection of the collision. He was transported via Nightingale helicopter to Sentara Norfolk General Hospital where he underwent emergency open reduction procedures for all fractures. Inpatient rehabilitation lasted over two months in various facilities and the plaintiff eventually was found to have a 24% impairment rating of the left upper extremity and no impairment of the left leg according to American Medical Association Guidelines. The circumstances of the accident were hotly disputed. The defendant claimed that he never left his lane of travel and that the plaintiff for reasons unknown crossed the center line and was totally responsible for the collision notwithstanding the evasive efforts undertaken by defendant. Tire marks from a number of vehicles (including police, fire and rescue vehicles tracking through leaking battery acid) as well as other gouges and scratches in the roadway presented a confusing picture for the jury. Counsel and court concluded that accident reconstruction testimony would be of some benefit; however, the parties could not agree on the extent to which certain opinions would be admissible. After appropriate evidentiary foundations were established, all experts opined that the point of impact occurred in defendant's lane of travel. The experts were in conflict as to whether or not the physical evidence supported the plaintiff's claim that defendant was at some point in the plaintiff's lane of travel. Plaintiff's expert, Stephen B. Chewning, determined through mathematical calculations and measurements that the tractor trailer was at least partially in the plaintiff's lane prior to and at the point of impact. Plaintiff's position was that the evidence supported a theory of sudden emergency to which he reacted by steering his vehicle to the left in an effort to avoid a head-on collision in his lane of travel.
This article is © 2002 Lawyers Weekly, Inc., All Rights Reserved. Awarded: $600,000 |
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.