On September 9, 2006 the plaintiff was traveling on his motorcycle to his beach house on Chincoteague Island. The defendant was backing out of his driveway on Ridge Road. Although he saw the motorcycle he accelerated onto the roadway into the path of the plaintiff, striking his motorcycle. The plaintiff’s right leg was briefly pinned between his 600 pound motorcycle and the defendant’s truck. The plaintiff was then thrown free 200 feet into a nearby cemetery across the road. The defendant pled guilty in Accomack County General District Court.
The defendant accepted liability but contested the extent of the plaintiff’s damages.
The plaintiff sustained multiple fractures to his right leg which required surgery and the placement of a permanent rod and screws. Due to the extent of his leg injury, he required in home health care for three months. The plaintiff was unable to bear weight on his right leg for six months and unable to drive for fourteen months following the crash. The fractures did not heal properly and the plaintiff had to undergo more surgery to remove the two distal locking screws that were put in his leg. He treated with an orthopaedic surgeon and a physical therapist. Because of his injuries, the plaintiff was forced to retire as an investigator with the Loudoun County Sheriff’s Office after being in law enforcement for twenty-seven years. His medical bills totaled $33,680.41 and he had a claim for lost wages for over $850,000. In addition, he had a claim for a lessening of earning capacity. The case was settled for $300,000, the policy limits of the liability carrier.
Type of action: Motorcycle Crash
Injuries alleged: Multiple fractures to right leg
Name of case: Confidential
Special damages: $33,680.41 in medical bills
Insurance Carrier: Allstate
Plaintiff’s expert: Michael Kavanagh, M.D.
Plaintiff attorney: Barbara S. Williams, Leesburg; Douglas Fleming, Leesburg
Venue: Accomack County