The plaintiff, a 40 year old man at the time of the incident, was riding his motorcycle through an intersection with the right of way. The defendant was traveling in the opposite direction when he made a left turn across the plaintiff’s lane of travel resulting in a collision between the defendant’s vehicle and plaintiff’s motorcycle. At the time of the collision, the defendant was driving between job sites within the scope of his employment. Plaintiff’s counsel’s investigator located an eyewitness who recalled that the plaintiff was safely operating his motorcycle within the applicable speed limit.
The impact caused the plaintiff’s left foot to become lodged in the rear wheel spoke of his motorcycle, traumatically amputating his left foot. Plaintiff also suffered a compound left femur fracture. Bystanders applied a rudimentary tourniquet at the scene until emergency medical personnel arrived. Upon presentation in the emergency department, the plaintiff’s left foot was found to be attached only by loose skin and wholly without pulse. Doctors surgically completed the amputation of plaintiff’s left foot and externally fixated the left femur fracture. Plaintiff subsequently underwent a below the knee amputation utilizing the ERTL technique and an internal fixation of his femur fracture. After a nine day stay in the hospital, the plaintiff was transferred to a rehabilitation center to begin physical and occupational therapies, and to consult with a certified prosthetist. In the months following the collision, the plaintiff noted significant increases in right ankle pain. He was thereafter diagnosed with post-traumatic osteoarthritis of the right ankle that would require either a joint replacement or joint fusion at some point in the future.
Plaintiff showed himself to be extremely dedicated to his recovery and made tremendous progress in adapting to use of a prosthetic leg. Nevertheless, significant future medical needs remain. Plaintiff retained Dr. Phillip Marion of Physicians Life Care Planning to evaluate those future needs and a life care plan was developed noting necessary future medical care, including an osseo-integrated prosthetic, for the remainder of plaintiff’s life.
During the course of the case, plaintiff’s counsel utilized Jury Impressions and Trial Survey Group for focus group studies and MediVisuals for medical illustrations. The parties participated in a valuable yet unsuccessful mediation in early 2023. Judge Thomas Shadrick (Ret.) kept open lines of communication with counsel and helped facilitate the ultimate settlement one month prior to trial.
Type of Action: Personal Injury
Injuries Alleged: Below the knee amputation, compound femur fracture, multiple rib fractures, post-traumatic ankle arthritis
Mediator: Judge Thomas Shadrick (Ret.)
Special Damages: $313,802.77 past medical bills; $1,557,562.13 projected future medical expenses