In this December, 2009 Williamsburg, Virginia accident the Plaintiff was traveling on Longhill Road (now known as DePue Drive) in James City County. At that time, the Defendant was stopped at a stop sign on Asbury Road where that road intersects with Longhill Road.
As the plaintiff approached that intersection, the defendant pulled her car into the intersection in an attempt to make a left turn onto Longhill Road. There were several independent witnesses to the collision.
The plaintiff sustained a rotator cuff tear that was repaired surgically. The accident also exacerbated a pre-accident tear to his distal interior suprasinatus tendon as well as a chronic, but fully functional, rotator cuff tear in his left shoulder. Given these injuries, his surgery was required to repair his rotator cuff (to the extent that it could be repaired), but his bicep tendon could not be repaired.
Due to the accident, the plaintiff incurred $31,759.88 in medical expenses.
At the time of the accident, the plaintiff was a courier for Jamestown-Yorktown Foundation where he had worked since 1997. He was paid at an hourly rate of $9.68 per hour. Working seven (7) hours per day, he was required to miss twenty-eight (28) days due to this accident.
The case was settled in mediation with a retired Circuit Court judge for $125,000.
