Personal injury case results

Since 1970 we’ve been helping victims of personal injury throughout Virginia get the compensation they need. In this section we highlight just a few of the thousands of examples of our success.

Note: The recoveries in these cases are not necessarily indicative of recoveries in similar cases in the future, since each case must be decided on its own facts and circumstances.

Million Dollar Settlements

$1.25 Million

Motorcyclist lost leg, fractured pelvis in wreck

Type of case: Motor vehicle collision
Attorneys: Thomas J. McNally and Michael W. Lantz, Richmond

Plaintiff was riding through a rural town on his motorcycle when he was struck on the right side of his bike by a car exiting a fast-food restaurant. The impact knocked the plaintiff off the bike and sent him skidding across the roadway. Rider sustained fractures and soft tissue injuries to his right lower extremity that were so severe the surgeon recommended amputation of his right leg below the knee. Plaintiff also sustained a severe pelvic fracture that also required surgery. He was hospitalized twice and has yet to return to work; although he anticipates being able to continue working.

$1.02 Million

Passenger died after car collided with, flipped bull in road

Type of case: Negligent confinement of bulls; and negligent operation of a motor vehicle
Name of mediator: Michael Allen
Attorneys: Walter H. Emroch and Thomas J. McNally, Richmond

In December 2014, the plaintiff’s decedent, a 49-year-old female, was the front seat passenger in a vehicle driven by a co-defendant. The co-defendant driver was driving on a rural, two-lane, country road at approximately 9:15 p.m. when he struck a bull in the road. The bull struck was one of two bulls that escaped from a pen located a short distance from the crash site. . As a result of being struck by the car, the bull was thrown on top of the roof of the car, which depressed the roof, and caused the plaintiff to sustain a T-4 burst fracture of her vertebral spine resulting in bilateral, lower extremity paralysis. The plaintiff subsequently underwent cervical spine surgery to stabilize her spine, but she wound up paralyzed from the T-2 level. The plaintiff died nine months later due to complications from the injury, including severe decubitus ulcers, systemic infections and respiratory failure. The plaintiff filed suit against the driver of the car for his negligent operation of the motor vehicle. The plaintiff also filed suit against the cattle owners who owned the farm from which the bulls escaped.

$1 Million

Cancer patient has complications following surgical error

Type of case: Medical malpractice
Name of mediator: Thomas S. Shadrick
Attorneys: William Kilduff, Christopher Spinelli and Rand Robins, Richmond

The plaintiff underwent a laparoscopic lower anterior resection of the colon to remove a cancerous lesion in 2014. However the defendant surgeon and surgical assistant attached the colon to the plaintiff’s vagina, rather than properly to the plaintiff’s rectum. During the period of time from the surgery, through the repair surgery that was performed 10 days later, the plaintiff was unable to defecate through her rectum, but was passing feces through her vagina. The repair procedure performed was a laparoscopic colovaginal fistula take-down, a laparoscopic splenic flexure mobilization and a loop ileostomy. The ileostomy pouch on the outside of the plaintiff’s body had to be replaced frequently, and she required help from home health care nurses from her discharge more than a month later. During that period of time, the home health care notes reflected that the plaintiff was at times extremely emotional.

$3.85 Million

Auto accident plaintiff suffered mild TBI, orthopedic injuries

Type of case: Personal injury, auto accident
Court: U.S. District Court, Richmond
Mediator: Thomas S. Shadrick
Attorneys: Walter H. Emroch and Thomas J. McNally, Richmond

The defendant, a college student, struck the plaintiff’s vehicle in the plaintiff’s lane of travel. Plaintiff suffered a mild traumatic brain injury, which caused intermittent persistent headaches that occur two to three times per month. Plaintiff also suffered numerous fractures, and underwent several surgeries for these injuries. Future hip replacements were projected.

$1.55 Million

Plaintiff underwent spinal fusion after auto accident

Case name: Tatum v. Taylor
Type of case: Personal injury, auto accident/workers’ compensation
Court: Richmond Circuit Court
Mediator: Frank N. Cowan
Attorneys: Michael W. Lantz, Richmond

While driving a large king cab pickup for his employer, the plaintiff was struck from behind by a van operated by and employee of an HVAC service company. Although there was minimal property damage to either vehicle, the plaintiff developed neck and back pain. An MRI revealed an instable bilateral pars fracture at L3-4, and plaintiff underwent a fusion. An initial FCE restricted the plaintiff to light to medium-duty work and assigned a 12 percent whole person impairment.

The case settled the night before trial. The settlement occurred only after the mediator sent a letter to the insurer’s claims manager, offering his assessment of the value of the case and explaining the potential for an excess verdict. The underlying workers’ compensation claim was also settled in exchange for reducing the subrogation lien by an additional $65,000.

$1.5 Million

6-year-old girl drowned at apartment complex pool

Type of case: Premises liability, wrongful death
Court: Richmond Circuit Court
Mediator: Frank N. Cowan
Attorneys: Walter H. Emroch and William P. Hanson Jr., Richmond

The 6-year-old decedent was being watched at an apartment complex swimming pool by her aunt. She was last seen by witnesses holding on to the side of the swimming pool, moving towards the deep end. Several minutes later, the decedent was found dead in the deep end of the swimming pool. A resident who was sitting with the lifeguard testified that they were positioned too far back to see the part of the swimming pool where the decedent’s body was found.

The lifeguard, who was a resident of Russia, was hired, trained and newly certified by the defendant pool management company. The defendant took the position that they had no liability, as the pool management company was an independent contractor. Plaintiff argued that under Virginia law, the duty of the owner and manager of the swimming pool in regard to safety was non-delegable.

The case was settled after extensive discovery was completed.

$2.25 Million

Workman fell through roof opening, sustained brain injury

Type of case: Premises liability
Court: Baltimore City Circuit Court
Mediator: Thomas S. Shadrick
Attorneys: Walter H. Emroch and Thomas J. McNally, Richmond; Patrick Malone and Daniel Scialpi, Washington

Summary: The plaintiff was employed by a Virginia corporation that that been hired to power-wash and paint a building in Maryland. As the plaintiff was walking on the flat roof of the building, he fell through an unsupported opening that was covered by a fiberglass panel. The panel had been painted the same color as the roof. The plaintiff fell about 14 feet and landed on his head on a concrete floor. He sustained a traumatic brain injury and multiple fractures.

Plaintiff’s treating physicians opined that the plaintiff will experience permanent spinal and facial pain related to his orthopedic injuries, and is unable to return to competitive employment. The defense argued that the plaintiff was contributorily negligent and disputed the seriousness and permanence of plaintiff’s brain injury.
A major factor that contributed to the settlement of this case was that Maryland has a $750,000 cap on non-economic damages.

Additional Personal Injury Settlements

Click on the links below to explore these cases and settlements in detail.

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