



SCLA STAFF: James C. Lewis and Randall E. Appleton, Attorney; Denell Falzon, Paralegal; Dana D. Roth, Legal Assistant
COURT/DATE: Albemarle County Circuit Court, January 2008
CASE DESCRIPTION: Motorcycle riders hit head on by police officer.
WHAT HAPPENED: The Plaintiffs, who are husband and wife, were returning home from work on a Harley Davidson motorcycle traveling on a two-lane primary highway with the north and southbound lanes separated by painted road stripes.
The Defendant, a county police officer, was operating a marked police cruiser on his way home from a day of driver’s training at a local speedway. He was traveling in the opposite direction from the Plaintiffs. As he approached the Plaintiffs’ motorcycle, his car drifted over the center line, sideswiped a pick-up truck and hit the Plaintiffs’ motorcycle head on.
The Defendant police officer claimed to have "blacked out" unexplainably with no warning. He was seen and treated at a local Emergency Room where the treating physician noted no injuries. However, approximately six weeks later, the Defendant’s supervisor visited the Emergency Room physician and convinced him to add a diagnosis of "syncopal events secondary to dehydration" to the Defendant’s medical chart.
In the course of pretrial discovery, Plaintiffs’ attorneys discovered that one year prior to the accident, the Defendant police officer had been diagnosed with sleep apnea and had been non-compliant with his doctor’s recommendation for treatment. Accordingly, the Plaintiff motorcycle passengers were able to retain the services of two medical experts who were prepared to testify that the Defendant was not dehydrated. Rather, it was their opinion, that he had suffered an acute episode of sleep apnea before the collision causing him to lose control of his police cruiser.
Both motorcycle passengers were severely injured. The wife suffered multiple fractures to her arm, wrist, tibia, ankle and several bones in her hand. She developed a chronic non-union of one of the broken bones in her hand and was determined to be totally disabled from her job which required repetitive heavy lifting.
The husband sustained a severe pelvic fracture which was treated with an external fixation device. In addition, he sustained a severe scrotal injury and a dislocated prostate gland. Subsequent to these injuries, his testicles had to be surgically transferred from his abdomen where they had migrated back to his scrotum. Fortunately, he was able to return to work and is presently employed full time.
OUTCOME: The case was settled in mediation shortly before the scheduled trial for the sum of $1,512,000.00.
KEY LEGAL STRATEGY: Critical to the Plaintiffs’ successfully prosecuting their motorcycle claim was the fact that they retained the law firm quickly which allowed our attorneys to promptly survey and inspect the accident scene, the Defendant’s vehicle, and obtain the medical records necessary to explain why the Defendant crossed over the center line and collided with the Plaintiffs’ motorcycle.
AWARDED: $1,512,000.00.
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Awarded: $1,512,000.00
Main Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
Get Directions
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757) 788-8162
Fax: (757) 460-3428
Toll Free: (800) 752-0042
Get Directions
NE NC Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
Get Directions
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: $1,512,000.00
Awarded: $545,000.00
Awarded: $227,000