Trial Magazine

Daniel Plunkett, a 39-year-old auto mechanic, was in his SUV in the right lane of a four-lane roadway. Karen Hensley allegedly lost control of her SUV and sideswiped Plunkett at a high rate of speed, causing his car to flip over twice. Plunkett suffered bulging disks in his thoracic spine, which necessitated injections. Despite this treatment, he suffers from chronic back pain. His medical expenses totaled approximately $29,500, and his lost earnings were over $4,400.

Plunkett filed suit against Hensley, alleging failure to maintain control of her vehicle. The defense admitted liability, and the case proceeded to trial on damages.

The jury awarded $600,000. The trial court denied the defendant’s motion to set aside the verdict as excessive.

Citation: Plunkett v. Hensley, No. CL21000820 (Va. Cir. Ct. Chesterfield Cnty. Mar. 29, 2023).

Plaintiff counsel: AAJ member W. F. Drewry Gallalee, Richmond, Va.