Plaintiff was a 29 year old passenger in a car traveling south on Evergreen Mill Road near the intersection of Tolbert Lane in Loudoun County, Virginia. The defendant, a delivery truck driver, was on a side street in his delivery truck waiting to cross Evergreen Mill Road. As the plaintiff’s friend pulled into the left hand turn lane on Evergreen Mill Road, the defendant proceeded into the intersection and crashed into the passenger side of the car where plaintiff was sitting. Due to the side impact, plaintiff hit her head on the seatbelt anchor beside the door. The police charged the defendant with reckless driving.
The delivery company accepted liability on behalf of its driver.
The plaintiff had dizziness, nausea, and headaches shortly following the crash and went to Loudoun Hospital Center for examination. The emergency room physician diagnosed a concussion, neck sprain, and lumbar sprain. The plaintiff went back to her primary care physician for neck pain that radiated down her right upper extremity, an inability to focus, and soreness in the area of her right sacroiliac joint. Over the next few months, the plaintiff suffered headaches and short term memory loss causing difficulty with her college classes studying to be a registered nurse. Although she attended physical therapy, she continued to experience pain in her right hip. An MRI arthrogram done revealed a right hip superior labral tear. The plaintiff underwent surgical consultations with two surgeons, Dr. Derek Ochiai and Dr. Michael Kavanagh. Dr. Kavanagh advised the plaintiff to wait approximately eighteen months from the time of the injury to heal before considering surgical intervention.
The plaintiff graduated from nursing school with excellent grades despite not being able to finish her classes during the quarter in which she was hit. She moved to California after graduation. The plaintiff continued her treatment and underwent a surgical evaluation with Dr. Mark Safran at UCSF Sports Medicine in San Francisco. After performing the evaluation, Dr. Safran told the plaintiff that surgery was the best option to relieve her constant hip pain. Dr. Safran performed a right hip arthroscopy and partial labrectomy on the plaintiff. After a year of physical therapy and recovery, the plaintiff was only at about 90% of her original functional level in her right leg.
The case was mediated with the Hon. Kathleen MacKay (retired). The plaintiff presented well at the mediation and testified about the effect of her injuries on her active lifestyle, including mountain biking, hiking, surfing, and yoga. The case settled three months after mediation for $350,000.
Type of action: Side Impact Car Crash
Injuries alleged: Mild Traumatic Brain Injury, Right hip superior labral tear
Name of case: Confidential
Special damages: $68,601.05 in medical bills
Insurance Carrier: Liberty Mutual
Plaintiff attorneys: Barbara S. Williams and Cory Ford, Leesburg
Venue: Loudoun County Circuit Court