|
 |
| Results |
The
recoveries in these cases are not necessarily indicative of
recoveries in similar cases in the future, as each case must
be decided on its own facts and circumstances.
|
| Automobile
accident settles for $4.8 million dollars |
Walter
H. Emroch and Thomas J. McNally successfully represented a Richmond
man in an automobile collision that settled for $4.8 million
two months before trial.
Stanley Boyd, age 26, was injured on March 29, 2001 when he
was a 25-year-old employee of a landscaping company. Boyd was
working on the sidewalk at Virginia Commonwealth University,
replacing a bollard, when the defendant drove a Ford F-150 pickup
truck up onto the sidewalk, striking the plaintiff, backing
up, striking the plaintiff again, and leaving the scene of the
accident. The plaintiff sustained serious and permanent injuries,
including mild to moderate traumatic brain injury; loss of vision
in the left eye, as well as right field of vision in the right
eye; damage to his pituitary gland, requiring the plaintiff
to remain on certain hormones for various functions; and some
facial scarring. In spite of his injuries, the plaintiff had
obtained an unrestricted driver's license, was able to converse
well with others, and had made a remarkable recovery given his
initial injuries.
The defendant's insurance carrier, Universal Underwriters Insurance
Company, filed a declaratory judgement action in Henrico County,
alleging that they did not owe coverage in the case because
the driver did not have permission to drive the F-150 pickup
truck that struck the plaintiff. The vehicle was owned by Bill
Talley Ford, and had dealer tags on it. The vehicle had been
kept at the home of the President and CEO of Bill Talley Ford,
Mr. Talley, and his wife, for approximately five years for personal
use. Prior to the accident, Mr. and Mrs. Talley had separated,
and Mr. Talley had lent Mrs. Talley the vehicle to move furniture
in her new home. Mr. Talley, as well as the manager of Bill
Talley Ford, testified that Mrs. Talley was aware of the company
policy that no one else was supposed to drive a company vehicle
with dealer tags on it, except in the case of an emergency or
with the permission of the owner. Mrs. Talley denied any such
knowledge or restrictions on her. On the morning of the accident,
Mrs. Talley removed the dealer tags from the vehicle, replaced
them with her tags, and lent the vehicle to Mr. McLaughlin,
whom she had known for years, and whom, she believed, her husband,
Mr. Talley, would not have wanted to drive the vehicle.
Upon learning of the accident, Mrs. Talley initially advised
the police and the manager of Bill Talley Ford that the vehicle
had been stolen, but shortly thereafter, admitted that she had
lent the vehicle to the defendant, McLaughlin. Based on the
testimony of Mr.Talley and his manager, as well as the removal
of the plates and the initial statement that the vehicle had
been stolen, Universal Underwriters took the position in the
declaratory judgment action that there was no permission to
drive the vehicle. In such a case, the plaintiff would have
been left with $25,000 primary coverage on the defendant and
$100,000 uninsured motorist coverage. The case settled for $4.8
million dollars two months before trial. |
|
|
|
