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| 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.
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| Truck
Accident settles for $3.3 million dollars |
Joseph
L. McClendon, currently age 52, was a passenger in a Wynne Residential
Suites truck driven by co-worker, Joseph L. Gills, who was driving
north on U. S. 17 in Fauquier County, Virginia on July 21, 2000.
John Dale Perry, an employee of the defendant, pulled from a
stop sign on Route 644 and caused a broadside collision. McClendon
and his driver were trapped inside of the truck when mechanical
structures in their truck were forced into the passenger compartment.
McClendon was flown to INOVA Fairfax Hospital to be treated
for his injuries. His injuries included bilateral tibial fractures
and bilateral patella fractures. While at Fairfax Hospital,
McClendon underwent open reduction internal fixation procedures
on both tibias as well as his left kneecap. Subsequently, McClendon
developed post-traumatic arthritis in both knees and has already
undergone a total knee replacement on his right leg and he is
expected to need a total knee replacement in the future on his
left leg. Additionally, the plaintiff's orthopaedic expert opined
that McClendon will need two additional total knee revisions
on each leg during the remainder of his life.
Due to his injuries, McClendon is limited to performing sedentary
work. Further, McClendon needs a cane for ambulation and can
only walk relatively short distances.
The defendants admitted liability prior to trial. However, the
defendants were prepared to argue that the plaintiff's future
medical bills were overstated in that the plaintiff would never
be required to undergo the number of future knee surgeries predicted
by the plaintiff's orthopaedic surgeon. Additionally, the defense
was expected to argue that the plaintiff's pain complaints were
overstated and that the plaintiff could ambulate better and
longer than he said that he could. Also, the defendant's orthopaedic
expert indicated that plaintiff's chronic pain and function
in his left leg would be significantly reduced once he had the
future surgery on his left knee.
The case settled for $3.3 million dollars on the morning of
trial in September 2002.
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