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Winning countless suits and monetary
awards for the injured throughout the state of Virginia.
DISCLAIMER: THE RESULTS OF EACH CASE DEPEND UPON A VARIETY OF FACTORS, UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASES TAKEN ON BY THIS LAW FIRM.
awards for the injured throughout the state of Virginia.
DISCLAIMER: THE RESULTS OF EACH CASE DEPEND UPON A VARIETY OF FACTORS, UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASES TAKEN ON BY THIS LAW FIRM.
 CASE REPORTS
 Trial Reports:Negligence Motorcycle Accident - Broken Bones Type of Action - Motorcycle accident Type of Injuries - Fractured tibia, ribs and shoulder Name of Case - Baker v. Finchum, et al. Court/Case No. - Orange County Circuit Court, Case No. CL96-61 Judge or Jury - Jury Name of Judge - Judge Lloyd C. Sullenberger Special Damages - $11,206.43 Damages Awarded or Settled - Awarded Amount - $300,000.00 Attorney for Plaintiff - J. Thomas McGrath, Richmond Plaintiff's Experts - Gwa-Jang Wang, M.D., orthopedic surgery Insurance Carrier - State Farm and Integon Highest Offer - $0 Other Useful Information - The plaintiff was a 46-year-old brick mason riding his motorcycle on a blind curve. As he came out of the turn, he was confronted with two dump trucks stopped in his lane and a tractor and low boy trailer stopped in the oncoming lane. The plaintiff testified that the truck drivers appeared to be talking. The plaintiff applied his brakes while still in the curve, and the motorcycle went down. The defendant conceded that the plaintiff was in a blind curve but asserted that at the time the plaintiff applied his brakes, the defendant dump trucks were approximately 300 feet further down the road. The defendants' testimony was that the defendant dump truck operators had stopped to assist the trailer operator, but that all defendants had returned to their vehicles and begun moving prior to the accident. The defendants claimed contributory negligence. The plaintiff's expert's testimony showed that the plaintiff's injury would require future surgery to freeze the ankle joint. The defendant presented an exam note from a resident indicating that the plaintiff was fully recovered from his ankle injury with no problems. [97-T110] © 1997 Lawyers Weekly Inc., All Rights Reserved Back to menu Trial Reports:Negligence Ultralight Crash-Closed Head Injury Type of Action-Products Liability Design Defect of Ultralight-Orthopedic Injuries-Personality Charges Secondary to Closed Head Injury. Type of Injuries- Plaintiff was the sole occupant of a Hawk ultralight aircraft which crashed as he attempted to land. He sustained an open dislocation of the left ankle, an unstable fracture of the right lower leg, a compound fracture of the lumbar spine and a Grade II head trauma. His orthopedic injuries were treated by Dr. Robert W. Hussey at MCV Hospitals where he remained for approximately one month. He was transferred to Sheltering Arms Hospital where he remained for an additional eight weeks of rehabilitation, therapy and counseling. The plaintiff was unable to return to his employment at AT&T for a period of approximately four months. When the plaintiff did return to his employment, the effects of his closed head injury became more apparent. His personality and behavior were characterized by uncontrollable impulsiveness, an inability to exercise proper judgment and discretion, hyper sexuality and cognitive limitations. He had an excellent employment record prior to crash including several commendation letters from the Richmond Bureau of Police. Following his return to work, he became the subject of numerous customer complaints that resulted in several suspensions, referral to a neuropsychologist and eventually to the plaintiff's forced retirement. At the time of the settlement, the plaintiff's orthopedic injury had deteriorated to a 15 percent functional disability. Dr. hussey predicted that the disability would increase in time and that an ankle fusion or total ankle replacement would be required. The plaintiff's personality and behavior changes required his admission to MCV Hospital in January 1988, where he was under the care of Dr. Gregory J. O'Shanick. Court/Case #-Richmond Circuit Court: Law No. LK-989-3. Special Damages- The medical expenses from initial treatment in 1983 and 1984 totalled $54,025. Additional medical expenses of $13,098 were incurred for the treatment of the plaintiff's behavioral changes through the date of his forced retirement on July 14, 1987, was $13,554. Damages Awarded or Settled-Settled one week before the scheduled pretrial conference and approximately two weeks before trial. Amount- $750,000 Attorneys for the plaintiff- J. Thomas McGrath and Fred D. Smith, Richmond Name of Case-Jerry Wayne Morgan v. CGS Aviation and Atlantic Underwriters Inc. Other Useful Info.- Plaintiff sought compensatory and punitive damages from the designer and assembler of an ultralight aircraft known as "the Hawk". The plaintiff's claims were breach of implied warranties of merchantability and fitness for the particular purpose, breach of express warranty and negligence. The control system for the Hawk was designed so that interference between the rudder and elevator controls resulted from certain landing maneuvers. As a result of the interference, up elevator for a flare prior to touch down could not be accomplished. Discovery by the plaintiff's counsel revealed that there were significant differences between the design prototype actually tested prior to production and the production prototype used by the manufacture. One of the defendants discovered the potential interference and designed a rubber stop to correct it but failed to provide a rubber stop on the plaintiff's aircraft or warn the plaintiff of the potential problem. The defense contended that the crash was not due to any interference but the negligent operation and misuse by the plaintiff. The plaintiff had no recollection of the crash. The defense experts were prepared to testify that he crash was a result of a stall maneuver. Relying upon the testimony of an eyewitness, the plaintiff retained two acromechanical engineers, Dr. Smetana from N.C. State University and Dr. Snyder from Virginia Tech, and a bio-mechanical engineer, Dr. Burstein from New York, to support his theory that the crash occurred as a result of the interference with the controls in a normal landing pattern. The medical and damage evidence included neuropsychological evaluations by Dr. Edward A. Peck III and a vocational evaluation by Richard Strauss. Medical research and assistance were provided by Susan N. Riddick of Health Information Resources. Liability investigation, trial preparation and case development assistance were provided to the plaintiff's counsel by CPL Associates of Richmond. © 1997 Lawyers Weekly Inc., All Rights Reserved Back to menu Trial Reports:Negligence Motorcycle Accident - Left Turn Type of Action - Personal Injury Type of Injuries - Fracture of right femur Name of Case - Elliott v. Becker Court/Case No. - Charlotte-Mecklenburg, NC Special Damages - The plaintiff underwent surgical repair of the fracture and subsequent surgical removal of the pin and plate. The medical expenses totaled $39,375.40. The wage loss totaled $12,500.24. Awarded or Settled - Settled prior to the institution of any litigation Amount - $148,500 Attorney for Plaintiff - J. Thomas McGrath, Richmond Insurance Carrier - Nationwide Mutual Ins. Co. Other Useful Information - The collision occurred when the defendant began a left turn in front of the plaintiff's motorcycle and then attempted to stop. The defense raised questions regarding the plaintiff's consumption of alcohol, speed and lookout. The plaintiff was able to return to his employment in housing maintenance but showed symptoms of early traumatic arthritis in his right knee. CPL Associates Inc. assisted counsel for the plaintiff in the factual investigation to establish favorable liability and in the presentation of the settlement demand to the insurance adjuster. [99-T-162] © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial reports:Negligence Auto-Motorcycle Accident - Fractured Pelvis Type of Action- Personal injury Type of Injuries- The plaintiff sustained a fractured pelvis. After being stabilized at Waynesboro Community Hospital, he was transferred to the U.Va. Medical Center, where he underwent surgery to repair the fracture. The surgery involved the placement of a metal plate and four pins. The plaintiff was restricted to the use of crutches for approximately two months and was then allowed to discard them. Name of Case-Michael J. Frank v. Agnes N. Morgan Special Damages-The plaintiff's medical expenses totaled $17,669. He was disabled from his employment for a period of 10 weeks for a wage loss of $5,142. Damages Awarded or Settled-Settled Amount-The plaintiff accepted a settlement of $85,000 which involved the entire liability coverage of $50,000, the entire underinsurance coverage of $25,000 and a personal contribution of $10,000 from the defendant. Attorney for Plaintiff-J. Thomas McGrath, Richmond Insurance Carriers-Erie Insurance Co. provided the liability coverage. ColoniaInsurance Co. provided the underinsurance coverage. Other Useful Information The defendant's liability was not admitted but the factual evidence made it easily established. The plaintiff alleged the defendant executed a left turn in front of the plaintiff, who was approaching on a motorcycle. Venue would have been in Augusta Circuit Court. The plaintiff's medical expenses were paid by a benefit plan under ERISA. The subrogation lien of the benefit plan was negotiated and compromised. The original injury occurred on Oct. 10, 1992. The settlement was completed less than three months following the collision. CPL Associates Inc. provided litigation assistance to plaintiff's counsel in the preparation of the settlement demand and the negotiation of the settlement. © Copyright 1993 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Auto Accident - Motorcycle - Improper Lane Change Type of Action - Auto accident Type of Injuries - Cervical and lumbar strain, nondisplaced fractures of T8, T9 and T10 vertebrae, non-displaced rib fracture, abrasions Name of Case - Shilling v. Crudup Court/Case No. - Hampton Circuit Court, Law No. 31142 Special Damages - $18,986.74 medical, $14,216.96 wage loss Damages Awarded or Settled - Settled Amount - $75,000.00 Attorney for Plaintiff - J. Thomas McGrath, Richmond Insurance Carrier - State Farm, $50,000.00 liability; Nationwide, Other useful information $25,000.00 UM for plaintiff's motorcycle; Nationwide, $50,000.00 UM for plaintiff's van Other Useful Information - The defendant was in the left lane and changed into the lane in front of the plaintiff. The plaintiff's motorcycle struck the defendant's sedan in the rear, ejecting the plaintiff from the motorcycle. The plaintiff was treated for over two years by his family practice physician. This physician referred the plaintiff for extensive chiropractic care, which included spinal manipulation under anesthesia as well as for evaluations by a neurosurgeon for continued complaints of dizziness and by an orthopedic surgeon for continued musculoskeletal pain. The neurosurgical and orthopedic evaluations did not result in any active treatment. The chiropractic treatment accounted for $11,023.43 of the medical expenses. A private consulting firm assisted the plaintiff's attorney with liability investigation and assisted in the preparation of settlement demands to the liability insurer and the underinsured motorist insurer. [97-T126] © 1997 Lawyers Weekly Inc., All Rights Reserved Back to menu Trial Reports:Negligence Auto - Motorcycle Accident Type of Action - Personal Injury Type of Injury - Fracture of the left tibia and fibula requiring surgical repair Name of Case - Mullins v. Vance and Wright Court/Case No. - Dickenson County Circuit Court Special Damages - Medical expenses totaled $27,771.85. The plaintiff was not employed. Awarded or Settled - Settled after the filing of a motion for judgment Amount - $100,000 Attorney for Plaintiff - J. Thomas McGrath, Richmond Other Useful Information - The collision occurred when the motorcycle upon which the plaintiff was a passenger turned left in front of a deputy sheriff vehicle passing on solid yellow lines. The deputy sheriff was responding to an emergency call and claimed sovereign immunity. The plaintiff collected the minimum liability coverage of $25,000 available on the motorcycle, the minimum UM coverage of $25,000 available on the motorcycle and an additional $50,000 of UM coverage available on a policy issued to the plaintiff. CPL Associates, Inc. assisted counsel for the plaintiff in the factual investigation to establish negligence on the part of both drivers and thereby collect both the liability and UM coverages available on the host vehicle. [99-T-188] © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Motorcycle - Left Turn Type of Action - Personal Injury Type of Injuries - Fracture of the right wrist, left thumb and left elbow Name of Case - Wallace v. Ellis Court - Spotsylvania Circuit Court Special Damages - Medical expenses totaled $7,518.72. Wage loss totaled $3,762.00 for the five week period that the plaintiff had casts on both arms. Awarded or Settled - Settled 10 days before trial Amount - $45,000 Attorney for Plaintiff - J. Thomas McGrath, Richmond Insurance Carrier - Integon provided the liability coverage of $25,000. The plaintiff was test-driving a motorcycle and, therefore, a dispute arose between Harleysville, USAA and Progressive as to which carrier had primary UIM exposure. Each contributed toward the eventual settlement. Other Useful Information - The collision occurred when the defendant completed a left turn in front of the plaintiff's motorcycle. There was no actual contact between the two vehicles. The plaintiff made a complete recovery and was left with no disability or impairment. He was a patent attorney who worked in Washington, D.C., and later moved to Michigan. CPL Associates, Inc. assisted counsel for the plaintiff in the factual investigation necessary to establish liability and in the preparation for trial. [99-T-166] © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Premise Liability - Expert Testimony- Fractured Ankle Type of Action- Slip and fall claim against store owner and shopping center owner. Type of Injuries- The plaintiff fell as she walked down a curb-cut ramp at Hanover Village Shopping Center. She suffered a fracture of her ankle, which was placed in a cast . X-rays several days later revealed that the fracture did not remain aligned and surgical reduction and internal fixation was required. The joint later developed traumatic arthritis and the plaintiff underwent an ankle fusion with insertion of a metal plate. The initial treating physician, Dr. Scott Anthony, estimated the plaintiff had sustained a 30 percent permanent disability of her right leg. The orthopedic surgeon who took over the plaintiff's care, Dr. John Bowman, placed the permanent disability at 55 percent of her right leg. Court/Case#-Richmond Circuit Court; Law No. LR-427-1 Judge or Jury- Jury Name of Judge- Judge Melvin R. Hughes Special Damages- The plaintiff's medical expenses totalled $22,357 as of the date of trial. She incurred no wage or income loss as she had retired prior to this injury due to an pre-existing disability which rendered her unemployable. Damages Awarded or Settled- Awarded after a two-day jury trial. Amount-$180,000 plus interest. Attorney for Plaintiff- J. Thomas McGrath, Richmond Name of Case- Mary E. Gwinn v Fair Market Inc., and United Dominion Realty Trust, Inc. Highest Offer- An offer of $30,000 was made several days before the trial. Other Useful Info- The factual testimony revealed that the parking lot at Hanover Village Shopping Center had been repaved and repainted. As a part of the repainting, the painting subcontractor not only marked the parking spaces, but painted the curb-cut ramps with the same yellow paint used to mark the spaces. The plaintiff offered expert testimony from a certified safety professional, James Whiteman, that all walkway surfaces should be made slip-resistant. A materials engineer, Charles Crim, testified that the paint used on the ramp did not contain an additive to make it slip resistant. The defense offered expert testimony from a paint representative that the paint which was used was not slippery, from a Hanover County building official that the painted surface of the ramp did not violate any building or safety codes in force at the time it was constructed, and from the painting subcontractor that the paint used and the manner in which it was applied followed the custom in the trade and his own professional practice over the last 10 years. The evidence revealed that the ramp was not included in the lease of the grocery store, but that employees and customers of the grocery store used it to enter and leave the store. The plaintiff was leaving the grocery store when she fell. Testimony also revealed that both the store employees and employees of the landord took steps to sweep the ramp and keep it free from trash and debris. On this evidence, Judge Hughes granted a motion to strike on behalf of the grocery store. The lease between the grocery store and the landlord contained an indemnity provision that protected the grocery store. The plaintiff's motion to exclude this evidence was denied. The plaintiff offered evidence from a friend and from her church's minister that her injury and disability had limited her participation in social and church activities. The jury deliberated approximately one hour and 15 minutes. Defense post-trial motions to set aside the verdict were denied. CPL Associates of Richmond proveded assistance to counsel for the plaintiff in the preparation and conduct of the trial. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Motorcycle Collision-Post Traumatic Stress Disorder Type of Injury- The plaintiff did not seek any medical treatment between the date of the accident, when she saw a psychiatrist. She was seen for counseling on eight separate occasions with a diagnosis of post- traumatic stress disorder. Even though she has not returned for any treatment, her treating psychiatrist stated that she still suffered from PTSD and would need atleast two years of further treatments. Court/Case#- Chesterfield Circuit Court : Law No. 2222-87 Special Damages- The psychiatric expense from the 1985 totalled only $355 with an additional expense of $300 for psychological testing. The future treatment expenses were projected to be as much as $17,000. Damages Awarded or Settled- Awarded after a two day jury trial Amount- $35,000 Attorney for the plaintiff- J. Thomas McGrath, Richmond Name of Case- Joyce W. Kennedy v. Estate of Stephen Wayne Garrett Insurance Carrier-American Society Insurance Company provided liability coverage of $25,000. Nationwide Mutual Insurance Company provided additional under-insured motorists coverage. Other useful Info.- Defense counsel admitted liability the morning of the trial. The defendant motorcycle operator had died in the collision. Plaintiff's counsel had made a demand of $35,000 in December, prior to suit being filed. No settlement offers were made until two business days before the trial when the liability coverage of $25,000 was tendered. Plaintiff's counsel obtained a neuropsychological evaluation by Dr. Edward A. Peck III and a psychiatric evaluation by Dr. Joel J. Silverman. Both provided expert medical testimony at the trial. The defense retained a licensed clinical social worker to testify that at least part of the plaintiff's need for treatment was due to the fact that she was an adult child of an alcoholic parent and has been abused as a child. The court refused to permit this individual to testify, ruling that he was not competent to rebut, question or even comment upon the testimony of the plaintiff's medical experts. The court also refused an instruction that the plaintiff suffer from a pre-existing condition. The defense contended that the plaintiff had failed to mitigate damages by not seeking treatment between December and the trail date. The court also denied a defense motion to strike based upon the lack of any physical injury and refused a defense instruction that the plaintiff had to prove her claim by clear and convincing evidence under Hughs v. Moore. Trial preparation and case development assistance were provided to plaintiff's counsel by CPL Associated of Richmond. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Auto Accident-DUI-Soft Tissue & Collarbone Injuries Type of Action- Personal Injury Type of Injury- Soft Tissue Injuries, fractured clavicle. Court/Case# Carroll County Circuit Court, Law No. 9687 Judge or Jury- Jury Name of Judge- Judge Duane Mink Special Damages-$1,085; medicals of $607 Damages Awarded or Settled- Awarded Amount-$10,000 compensatory; $20,000 punitive Attorney for Plaintiff- J. Thomas McGrath-Richmond Name of Case- Amanda E. Hackler,so infant v. Sue A. Anders Insurance Carrier- Colonial Highest Offer- $9,000 during trial, $5,000 prior Other Useful Info.- This case was consolidated with Lisa M. Cox v. Sue A. Anders (see below). Plaintiff was the 14-year-old passenger in a vehicle struck by drunk driver. She sustained fractured clavicle and internal bruising. Back to menu Trial Reports:Negligence Auto Accident-DUI-Forehead Injury Type of Action- Personal Injury Type of Injuries- Laceration to the forehead and bruised knee. The laceration was approximately 3 cm long and required plastic surgery 8 months later. Plaintiff had a pencil line scar. Court/Case#- Carroll County Circuit Court, Law No. 9686 Judge or Jury- Jury Name of Judge- Judge Duane Mink Special Damages- $1,934 total; $1754 medicals Damages Awarded or Settled- Awarded Amount-$10,000 compensatory; $30,000 punitive Attorney for Plaintiff- J. Thomas McGrath-Richmond Name of Case- Lisa Michelle Cox v. Sue A. Anders Insurance Carrier- Colonial Highest Offer- $10,000 prior $14,000 during trial Other Useful Info.- Defendant, chasing her husband and crashing into him, had a B.A.C. of .18. Defendant hit husband's truck several times and came across four lane road and hit plaintiff. Several eyewitnesses testified to the defendant's driving prior to impact with the plaintiff's vehicle. Plaintiff, age 16 at the time of the crash, was on her way to McDonald's and was accompanied by her cousin, age 14. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Rear End Collision- Nerve Injury Type of Action- Personal Injury- Motor Vehicle Collision- Brachial Plexus Injury Type of Injury-The plaintiff, a front seat passenger in a pick up truck, was thrown forward due to a rear end collision. The plaintiff had immediate pain between his shoulders and in his left arm. Several months later, he had demonstrated weakness and atrophy in his left arm. By the time the injury stabilized, he was unable to elevate his arm to 90 degrees. Court/Case#- Chesterfield Circuit Court; Law No. 1565-86 Special Damages- The plaintiff had medical expenses of $2,264. No future treatment was anticipated. The plaintiff had been a self- employed painter prior to the accident and could not demonstrate a specific wage loss. Following the accident, he became a painting crew supervisor and was not required to perform as much physical labor. Damages Settled or Awarded- Settled Amount- $60,000 Attorney for Plaintiff- J. Thomas McGrath-Richmond Insurance Carrier- USAA Other useful Info.- Defense counsel arranged an independent examination of the plaintiff by John R. Taylor, M.D. of MCV. Dr. Taylor stated that the weakness and atrophy suffered by the plaintiff were the result of neuritis of the shoulder girdle and were not related to any trauma suffered in the collision. Another neurologist, Edward R. Isaacs, M.D., was also designated as a defense expert to testify to the same opinion. The plaintiff was originally seen and treated by a chiropractic doctor before being referred to a neurologist six months after the initial injury. Case development and trial preparation assistance were provided by CPL Associates of Richmond. Medical research and assistance were provided by Susan N. Riddick of Health Information Resources. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Personal Injury- Automobile Accident Type of Case-Negligence- Fracture of Right Tibia and Right Hip Type of Action- Automobile Accident- Failure to Yield Type of Injuries- The plaintiff sustained a displaced fracture of her right tibia and an undisplaced fracture of her right hip. An open reduction and internal fixation of the tibia fracture was performed by Dr. Cardea at MCV Hospital. The plaintiff achieved an excellent result and the surgical removal of the plates and screws was performed by Dr. Cardea on an outpatient basis approximately 18 months post-accident. Special Damages- Medical Expenses of $14,847 Damages Awarded or Settled- Settled Amount- $75,000 plus medical payment benefits of $13,906 Attorney for Plaintiff- J. Thomas McGrath-Richmond Name of Case- Kathleen M. Gorman v. Steven D. Love Insurance Carrier- Nationwide Insurance Co., provided liability coverage for the defendant. As a result of investigation by CPL Associates Inc., the plaintiff qualified as an insured under a State Farm policy of her father which provided additional UIM coverage and over $9,000 in additional medical payment benefits. Other useful Info.- The plaintiff was a front seat passenger in a vehicle operated by her fiancé. He failed to yield at an intersection and pulled from a stop sign in front of another vehicle. The settlement negotiated by the plaintiff's counsel included a waiver by State Farm of its subrogation rights against the defendant driver. The plaintiff and the defendant resided together at the time of the settlement. Investigation and trial preparation assistance were provided to the plaintiff's counsel by CPL Associates of Richmond. Medical research and assistance were provided by Susan N. Riddick of Health Information Resources. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Personal Injury- Automobile Accident-Personal Injury- Pre-exisiting Medical Condition Type of Action- Negligence-Personal Injury Type of Injuries- Fractured left hip, left leg, both wrists, several ribs, right jaw. Court/ Case#- Fairfax Circuit Court, Law No. 73990 Special Damages- $92,944.11 in medical expenses Damages Awarded or Settled- Settled on the Sunday evening before trial was scheduled to begin Monday Amount- $300,000 cash at settlement; $2,000 per month guaranteed for 180 months (15 years); present value of settlement was $528,000; total payout will equal $660,000. Attorney for Plaintiff- J. Thomas McGrath-Richmond Name of Case- Eleanor S. Allen v. Ultra Services, Inc. et al. Insurance Carrier- The Hartford Other Useful Info.- Mrs. Allen suffered from pre-exsisting diabetes, Hamman-Rich Syndrome, hypertension, multiple gastrointestinal problems and anxiety, each which required medication and active treatment prior to the accident. She had received disability retirement as a result of these conditions and had been hospitalized twelve times during the eight year period prior to the accident. Hamman-Rich Syndrome had reduced her life expectancy to approximately five to ten years. Injuries required a two-month hospitalization and home nursing care for an additional three months. Hip fracture required internal fixation and subsequent surgery for a bone graft and to remove fixation pin. Future wrist surgery was recommended but since Mrs. Allen's prior condition would not allow her to be placed under general anesthesia, she refused to consent. The plaintiff, on advice of counsel, refused a settlement offered approximately $350,000 a month before trial. Plaintiff's counsel had assembled a team of medical experts to testify at trial regarding pre-exisiting disability and had arranged for a demonstration at trial of the surgical equipment used to perform the bone graft. Liability for the accident was contested by the defendants. CPL Associates of Richmond provided investigation, case development and trial preparation services to the plaintiff's counsel. Assistance in coordinating the medical testimony was provided by Health Information Resources. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Auto Accident- UM- DUI Type of Action- Wrongful death of wife and mother- Intoxicated defendant. Type of Injuries- The decedent, a 49- year-old female, sustained severe internal injuries when the van she operated was struck broadside at the driver's door. She was taken to Hampton General Hospital, where she died as she was being prepared for emergency surgery. Special Damages- The medical expenses for the emergency medical care totalled $4,825. The funeral expenses totalled another $6,042. Damages Awarded or Settled- Settled by payment of the full uninsured motorists coverage. Settlement did not release the tort liability of the defendant. Amount- $50,000 Attorney for the Plaintiff- J. Thomas McGrath, Richmond Name of Case- Estate of Lois A. Truhart v. Allen R. Carpenter Jr. Insurance Carrier- State Farm Mutual Automobile Insurance Company Other Useful Info.- The liability of the defendant, who was uninsured, was absolute. He entered the intersection against a red light at a high rate of speed and broadsided the van operated by the decedent. State Farm originally refused to offer it entire uninsured motorists coverage, seeking to force the plaintiff to accept some discount. The entire coverage was tended shortly after the suit was filed and service was obtained on State Farm's registered agent. Investigation services as well as assistance in preparing the settlement documentation and subsequent lawsuit provided to the plaintiff's counsel by CPL Associates, Inc. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Automobile Accident-Post-Tramatic Stress Disorder Type of Action- Negligence-Personal Injury- Tractor-Trailer Type of Injuries- Post-tramatic stress disorder, manifested in nightmares, insomnia, and intrusive thoughts provoked by load noises or the sound of a truck; bruises, capsulitis (joint inflammation of the right shoulder). Court/ Case#- Richmond Circuit Court, LK-15660-2 Judge or Jury- Jury Name of Judge- Judge Robert L. Harris Special Damages- $11,000 in medical specials, prognosis is for extended medical treatment; plaintiff will not be able to return to his livelihood of driving a truck. Damages Awarded or Settled- Awarded Amount- $750,000. Attorney for the plaintiff- J. Thomas McGrath, Richmond Name of Case- Edward W. McGhee v. APAC-Virginia, Inc. Insurance Carrier- Defendant self-insured for first million. Highest Offer- $75,000 Other Useful Info.- The fifty-three year old plaintiff truck driver was proceeding southbound along I-95. The inside or far left lane was blocked by defendant's truck for repaving. As the plaintiff approached, defendant's truck pulled directly across two lanes of traffic. The plaintiff swerved to the right in his tractor-trailer, hit the retaining wall and slid about 200 feet. At the conclusion of the three day trial, the jury received an instruction on contributory negligence. The cab of the plaintiff's truck burst into flames and he was trapped inside for up to five minutes. Since the accident in 1985, plaintiff has been unable to work in any capacity. The plaintiff was unable to sit through much of the trial. Counsel for the plaintiff amended ad damnum eight days before trial from $500,000 to $750,000- the amount awarded by the jury. Litigation assistance and support was provided by CPL Associates of Richmond. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Auto Accident Type of Action - Personal Injury Type of Injuries - The plaintiff sustained a comminuted midshaft fracture of the left femur, an intertrochanter fracture of the left hip and fractures of the 2nd, 3rd, 4th & 5th metatarsals of the left foot. Names of Cases - Cook v. Chestnut; Cook v. West Court/Case No. - Augusta Circuit Court Special Damages - The medical expenses totaled $44,471.55. The wage loss totaled $23,369.97 Awarded or Settled - Settled Amount - $277,500 Insurance Carriers - Nationwide Mutual Insurance Co., Erie Insurance Co. And State Farm Mutual Automobile Insurance Co. Plaintiff's Experts - Richard Whitehill, M.D., UVA Orthopaedic Clinic and Michael K. Kyles, M.D. Attorney for Plaintiff - J. Thomas McGrath, Richmond Other Useful Information - The motor vehicle collision involved three vehicles. The West and Chestnut vehicles approached from opposite directions and collided on State Route 42 in Augusta County. Chestnut contended that she was in her proper lane of travel but post-impact gouge marks left by her vehicle revealed that she had crossed the center line. West had no recollection of the collision due to a head injury. After the initial collision, the West vehicle crossed the double yellow lines and hit the plaintiff's vehicle head on. The plaintiff's vehicle had moved to the right shoulder to avoid the collision. Cook required surgical repair of his left hip and leg fractures. He was first evaluated at Augusta Medical Center but due to the severity of the injury, he was stabilized and then transported to UVA Medical Center. He remained hospitalized for eight days and remained on crutches for an additional three months. He was unable to return to his employment as a machinist for eight months and was restricted to light duty for several additional months. His employer made several accommodations on the job site for his residual disability. A disability assessment by Dr. Kyles established a 20% permanent impairment of the left leg. The plaintiff first instituted a lawsuit against Chestnut as the sole defendant. A settlement was reached with Chestnut as a result of a mediation conducted by Robert L. Harris Sr. The settlement included payment of the full $100,000 of liability coverage available from Nationwide and $150,000 of UIM coverage available from Erie. The release in favor of Chestnut preserved the claim against West. A second lawsuit was then filed against West as the sole defendant. Pursuant to Va. Code Sect. 8.01-35.1, West was credited with the liability payment made by Nationwide but not the UIM payment made by Erie. A second settlement was reached with West which included payment of the full $25,000 of liability coverage available from State Farm and a personal contribution of $2,500 from West. CPL Associates Inc. assisted counsel for the plaintiff with the factual investigation, the development of the claim strategy and the eventual settlement negotiations of both lawsuits. © 1999 Lawyers Weekly Inc., All Rights Reserved. Back to menu Trial Reports:Negligence Auto Accident - Rearender - Cognitive Deficits Type of Action - Personal Injury Type of Injuries - The plaintiff sustained cervical and lumbosacral strains which became chronic. She struck her head and face causing her to chip several teeth and briefly lose consciousness. She exhibited mild residual cognitive deficits in addition to chronic cervical symptoms. Name of Case - Jameson v. Early Court/Case No. - Fairfax Circuit Court Special Damages - Medical expenses totaled $16,602.83. A wage loss of $5,889.21 was also claimed. Awarded or Settled - Settled Amount - $90,000 Insurance Carrier - State Farm Mutual Automobile Insurance Co. Attorney for Plaintiff - J. Thomas McGrath, Richmond Plaintiff's Expert - John W. Cochran, M.D. Other Useful Information - The plaintiff was a passenger in a vehicle rearended while stopped for a red light. The defendant hit the plaintiff's vehicle without attempting to stop. Several witnesses documented that the defendant's vehicle was weaving from lane to lane during the mile or two prior to the impact. The breath test administered at the scene revealed a BAC of .08. A blood test performed three hours later at the hospital ER as a part of the treatment protocol indicated a BAC of .12. The plaintiff was initially treated by an orthopaedic physician who prescribed physical therapy and conservative care and by her regular dentist who treated her for TMJ symptoms and damaged teeth. During the physical therapy sessions, both the plaintiff and her physical therapist noted that she was having cognitive difficulties. The plaintiff began to receive treatment from Dr. Cochran, a neurologist, who recommended neuropsychological testing which confirmed mild cognitive deficits. The defense arranged an examination of the plaintiff by Lawrence Zarchin, M.D., who concluded that the plaintiff had sustained only soft tissue injuries from which she had completely recovered. Dr. Zarchin also concluded that the plaintiff had recovered from any cognitive symptoms due to the motor vehicle collision based upon her return to her employment which required a high level of cognitive functioning. CPL Associates Inc. provided litigation assistance to plaintiff's counsel in the development of the claims for compensatory and punitive damages and in the preparation of the claim for trial. © 2000 Lawyers Weekly Inc., All Rights Reserved. Back to menu |
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