When an out-of-state delivery truck driver’s knee was ruined by a hole in a big box store parking lot, a Mediated settlement at the Landau Law Shop in Herndon, Virginia enabled the injured victim to get a lump sum AND an annuity, as well as keep his workers’ compensation and Social Security payments !
A big box store in Springfield, Virginia was expecting a product delivery. A New England deliveryman came to the delivery area. He had parked his truck, and before sunrise, walked across the dark, unlit parking lot. As he crossed a grating, he fell into a gaping hole where the plates had given way. In this particular area there is a grating of approximately 80-100 feet. Of this, there were at least two full grates missing. There were also several large holes. These latent defects were repaired post accident. The deliveryman had the good sense to take photos with the disposable camera he kept in the truck glove compartment. Herndon parking lot injury lawyer Doug Landau was able to present photos from that night and those taken later, by his investigator, showing the repairs.
“The liability in this case was simple,” according to Lawyer Landau, “ The big box store failed to provide and maintain a safely lit and properly maintained parking lot. Its negligence was the sole proximate cause of the accident as well as my client’s severe injuries.”
The truck driver fractured his right foot, cut his knees, and was placed on crutches. He has not worked since the date of the accident. While his knees have healed, his foot has not.
He was grossing $100,000 as an independent truck driver. His truck, his sole means of income (he earned approximately $60,000 per year), was repossessed. Landau’s economic expert placed the wage loss at $698,362, present value. After this accident, the Federal Government found the plaintiff, who was only 47 years old, to be completely disabled from all forms of work, and awarded Social Security Disability.
The trucker incurred more than $23,907 in medical bills to date, not including medicine, travel, and other out-of-pocket expenditures. Future medical care is likely to include re-exploration of the bone and fusion. Arthritic changes and impairment of his bipedalism will likely lead to early onset bone and joint disease, hip/low back pain, and potentially lumbar spine symptoms.
The plaintiff had a statutory life expectancy under Virginia Code Section 8.01-419 of another 29 years, as he was in otherwise good health. He will be reminded of the big box store’s negligence with every step he takes. He cannot continue with his weekly bowling game, go hunting, or do his daily walking/jogging regimen (he put on 50 lbs. in 6 months as a result). He has been treated for depression.
Considering the gravity of the injury, and the extent to which it has forced the former truck driver to completely change his livelihood and hobbies, after receiving no offer from the big box store or its lawyers, we filed suit. After pre-trial discovery, the parties to this Federal diversity lawsuit agreed to mediation with the McCammon Group and agreed to present the case to the former Chief Judge of Fairfax County Circuit Court.
At the Mediation, a settlement that resolved all of the issues was achieved. Not only did the injured truck driver get a substantial lump sum and lifetime structured settlement from the big box store, he also got workers’ compensation benefits, as well as his Social Security Disability checks from the Federal Government.