Verdicts & Settlements December 9, 2009: Virginia trucker suffers back injuries in Illinois collision
PrintPlaintiff, a 39-year-old resident of Albemarle County, was the driver of a mid-size truck on Interstate 55 in Will County, Ill., that was struck by a tractor-trailer tanker truck on Nov. 2, 2004, while stopped at a red light.
Plaintiff initially had some low back pain and was diagnosed with lumbar strain. With continuing low back pain and symptoms, plaintiff was referred to Richard Whitehill, an orthopedic surgeon at University of Virginia Medical Center.
Dr. Whitehill diagnosed disc bulge at L4-L5, lumbar stenosis, and S1 radiculopathy. He performed a translumbar interbody fusion from L5-S1 and decompression of the cauda equina and L5 and S1 nerve roots bilaterally.
Plaintiff had a short session of physical therapy following the surgery, but did not require any further treatment, and his surgeon testified that he was not expected to need further surgery or other treatment in the future. Dr. Whitehill released plaintiff to light duty work six months following the surgery; however, plaintiff obtained a functional capacity exam from Dr. Robert May that reflected a 24 percent lumbar impairment and concluded plaintiff could not return to the labor market.
Plaintiff was an HVAC maintenance and repair technician for National Filter Service at the time of his injury and was unable to return to work due to continuing symptoms of pain and stiffness in his back.
Plaintiff had past medical bills of $116,000 and a lost earning capacity claim for the remainder of his work life based on wages of $29,000 per year. The extent of plaintiff's physical disability and the lost earnings claim was vigorously contested by the defense.
The case settled two days before trial for $2,000,000 after a settlement conference with the magistrate judge. Plaintiff negotiated a structured settlement for $550,000 of the settlement proceeds with the balance in cash.
[09-T-175]
Type of action: Personal injury - tractor-trailer collision
Injuries alleged: Lumbar spine L4-5 disc bulge, S1 radiculopathy
Name of case: Randall I. Shinaberry v. KA Bulk Transport, LLC d/b/a Klemm Tank Lines, et al.
Court: U.S. District Court, Northern District of Illinois
Case No.: 06 C 5947
Name of judge: Arlander Keys
Special damages: $116,000 in past medical bills
Verdict or Settlement: Settlement
Amount: $2,000,000
Date: Sept. 12, 2009
Experts: Medical Management Resources - medical analysis; V. Robert May III RhD -functional capacity evaluation
Insurance carrier: Discover Property & Casualty Insurance
Plaintiff's attorneys: Fletcher W. Harkrader III, Charlottesville; Joseph A. Power Jr. and Brian LaCien, Chicago
