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Tractor Trailer Collision
In this Virginia tractor trailer accident, our client was traveling Eastbound
on the 250 Bypass when she was injured in an automobile collision. At
the time of the collision, she was operating a 2001 Chevy Cavalier when
another vehicle cut her off in traffic and she stopped and was rear-ended
by a 2000 Freightline tractor trailer owned by Federal Express (FedEx).
The Charlottesville Police responded to the scene of the collision and
As a result of the collision, our client sustained injury to her head,
suffered headaches, sustained injury to her neck, back, right shoulder
and right ribs. She was transported by ambulance to the Emergency Room
at the University of Virginia. She was examined and no fractures were
found. She was released with a diagnosis of post-concussion syndrome and
acute neck pain. She had instructions to follow up with her primary care
physician and she did. In the weeks after the collision, she continued
to suffer from headaches, back pain and shoulder pain. She continued care
with her primary care physician at Fluvanna Family Medicine who then referred
her to an orthopedic doctor, Dr. David Witmer.
Dr. Witmer sent her for an MRI at Martha Jefferson Hospital which came
back negative, but our client was still enduring pain in her shoulder
and back. Dr. Witmer then referred her to physical therapy but due to
financial reasons, she was not able to follow through. She continued treatment
with Dr. Witmer who treated her with cortisone shots that offered limited
relief. She then began treating with Dr. Lauterhbach of Lauterbach Chiropractic.
She was noted to have reached maximum medical improvement by Dr. Lauterbach
and was released from care to follow up as needed.
A lawsuit was filed in this case in the General District Court of Charlottesville,
but a successful settlement was obtained prior to trial. The settlement
Jacquelyn Loomis v. St. Margaret School
Jacquelyn Loomis was injured by a teacher during her first year of high
school. A teacher attempted an experiment on endorphins and put pressure
on our client's arms. The student's, our client, arm "popped,"
resulting in a serious shoulder injury. The physical pain resulting from
this injury caused our client to miss a significant amount of school,
especially when the surgeries began.
School also became difficult for our client because of the numerous pain
medications, as their side effects included nausea. As a result of the
injury, Ms. Loomis fell behind in her work and spent the rest of high
school and many summers trying to make up for incomplete grades. Our client
was unable to take the more advanced classes because of those incomplete
grades. She was also barred from participating in almost any sport, especially
tennis, which she had looked forward to playing. Her parents were paying
tuition so that she could receive a good education and be accepted into
a prestigious college. However, because of the academic problems due to
the injury, Jackie was unable to apply to college and currently attends
School was made more difficult as the school refused to make things easier
for Jackie. They teetered between pretending that the injury never occurred,
blaming her for the injury, or suggesting that she was faking it. They
were not supportive or understanding as Jackie underwent surgeries.
Most of the time, she was left to complete all the work that she had missed
while away from school without the proper assistance to understand the
material. The school and its teachers were unsympathetic, even treated
Jackie with disdain, telling her to "get over" her injury.
This injury will continue to affect our Jackie's life. The surgeries
also left scars, which are embarrassing for our client.
Many students would have simply left the school. I believe it is a testament
to Jackie that she decided to do whatever it took to graduate. Her strong
will will not only serve her well as she finishes her education, but will
also take her far.
We mediated the case but it was not resolved because the insurance company
did not have the appropriate authority to settle the case. The case was
resolved during the second mediation.
Tractor Trailer Causes Wrongful Death
Our client was killed in a tractor trailer accident in Virginia and left
behind a wife of 40 years and two adult children and a number of grandchildren.
Under Virginia law, his wife and two sons were entitled to be compensated
for their loss. After litigating the case and one un-successful mediation,
we were able to continue to work with the mediator to have the trucker’s
insurance company appropriately compensate the family fairly.
Bicycle and Bus Crash in Charlottesville
Charlottesville Bicycle Accident
Our client was on his bicycle riding East on Elliot Avenue, when a bus
pulled out in front of him. The bus was pulling out from 1st Street S.
and had a stop sign. Despite the stop sign, the bus driver pulled out
into the travel lane of our client. Our client struck the side of the
bus and was injured.
Unfortunately, the police officer that responded to the scene did not
issue a traffic citation to the bus driver. Despite the fact that the
bus driver had a stop sign and our client had the right of way. The accident
report noted the bus driver as having "No Improper Action".
The client was taken to the emergency room by rescue squad. He had acute
back and hip pain, abrasion and loss of consciousness. A CT scan and x-rays
of his spine and chest were taken and an ultrasound was taken of his internal
organs. He was prescribed Vicodin and was released by the hospital. Fortunately
he made a good recovery and did not require further medical treatment.
He did have a reasonable amount of medical bills given his extensive diagnostic
Based on the accident report, the insurance company for the bus driver
denied the claim from our client. The client then retained The Warren
Firm. We filed a Complaint in General District Court and the case was
resolved shortly before trial. The terms of the settlement and the parties
were made confidential as a term of the settlement.
Child Bit by Dog, Emotionally and Physically Scarring
In this Virginia children’s personal injury case, our client was
a seven-year-old child who was injured in an incident that occurred in
the home of a family friend in Richmond, Virginia. At the time of the
incident, our client was visiting the home with her babysitter. Our client
and her babysitter were playing with several puppies, when the mother
of the puppies attacked our client, biting her on her face and lacerating
several portions of skin under her right eye, nose, mouth and chin.
Due to her injuries, she was taken to St. Mary’s Hospital where she
was given antibiotics and examined by a plastic surgeon, Joseph McKeown,
MD. She was released in a stable condition with a referral to Dr. McKeown’s
office for a follow up.
Her parents took her for a follow up appointment with Dr. McKeown, where
it was determined that the lacerations were healing well and no further
invention was necessary. Her parents were instructed to massage a scar
reducing gel into the area of her healed laceration for one minute after
her shower every night. Over time, her scars faded and presently are not
Our client remained very fearful of dogs. If one approached her, she would
retreat and cling to her mother or father. While the medical bills were
not very high, the level of emotional and physical damage sustained by
our client was relatively significant.
This case was successfully settled without trial. The settlement is confidential.
Tractor Trailer Automobile Accident - Richmond, Virginia
This case resulted from an automobile collision that occured on I-95 in
2005. Our client was a passenger in a car drive by our client's spouse.
They were traveling northbound on I-95. A police officer was driving north
on I-95 in the far left lane. In an attempt to reach the median, the police
officer made a sharp turn across all four lanes of traffic to enter a
small gravel opening that would allow him to observe southbound traffic.
There are witnesses that state that the officer unexpectedly cut through
all four lanes of traffic and did not turn on any emergency lights or
give any warning of his intentions. As a result, many cars had to hit
their brakes to avoid hitting the officer. At that point, it is believed
that our client's spouse hit the brakes and possible cut the wheel.
The car swerved in front of a tractor trailer which resulted in a severe
Our client was taken by ambulance to the Medical College of Virginia where
the client was admitted for five days for a complete evaluation. The client
then had several follow up visits at MCV for hearing problems. Our client's
treatment was modest given the injuries and nature of the collision. After
a few months, our client stopped all treatment to assist with the care
of the spouse.
The case was mediated and had a successful result. It was settled for $240,000.
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