May 2013/Chesapeake, Virginia (VA)
Attorneys and Staff:
Richard N. Shapiro, Attorney
Roz H., Paralegal
Sandra J., Legal Assistant
Concussion, head and, shoulder injury, high school pitcher
Our client was a high school junior who was a starting pitcher on the varsity baseball team when his car was struck by a city school bus. The school bus driver failed to yield the right-of-way at a four way residential intersection, and may have also been exceeding the speed limit. The collision totaled the vehicle being operated by our client, the high school pitcher, but no passengers were on the bus at that time. Our client was seen at the local Emergency Room that day and was unable to pitch for months because of multiple injuries.
While the city school bus driver was charged with failing to yield, she pled not guilty and we were unable to use the charge in any way. Accordingly, we believed that a video camera that is installed in high school school buses in Chesapeake, Virginia, may have contained relevant evidence. We immediately issued a Freedom of Information Act request to the City of Chesapeake and we eventually obtained the videotape footage from the camera on the school bus. As we suspected, this evidence was important to show not only the accident impact between the bus and the client’s pickup truck, but also showed how the school bus driver never slowed down after passing the yield sign and did not yield the right-of-way to the high school pitcher.
In the meantime, our client could not pitch and underwent physical therapy for months because he injured his right throwing arm. What was terrible for our client was that he was unable to pitch for most of his senior year and was hoping to get a Division I or Division II college scholarship. Because of the injury suffered, and because he never returned to top form when he did return to the varsity baseball team, he never obtained any scholarship offers from colleges. The client did attend college, however, and he was doing fine in his freshman year allowing us to settle this case.