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RICHMOND, VA -- Larry Long was driving his employer's one-ton truck with a tool
body in the right lane on Interstate 81 when he was clipped from behind by a wide-load
tractor trailer passing him in the left lane. The tractor trailer was hauling a
concrete jail cell that hung over each side of the trailer by 2 feet 4 inches. The
tractor trailer caught the left rear side of the Long truck, throwing it into several
360 degree spins before it became airborne, flipped over the guardrail, and eventually
landed in a drainage ditch 30 feet below the side of the interstate.
An independent witness in a car behind the Long truck made an excellent witness
at traffic court and in deposition as to how she saw the tractor trailer move into
the left lane to pass the Long truck just prior to the impact. This eyewitness also
effectively eliminated the defense argument that the Long truck veered over into
the tractor trailer, as contended by the tractor trailer driver.
Long remained in the vehicle during the accident, but some unknown object caused
severe scalping injuries to his head, eye and ear, as well as a 5-6 centimeter skull
fracture that was depressed into his brain, without rupture of the dural lining.
There was a dispute as to whether Long lost consciousness. The defense elicited
testimony from several experts that Long could not have suffered a head injury sufficient
to cause lasting problems without having lost consciousness.
Long also suffered soft-tissue injuries to his neck and back and a broken left collarbone,
as well as ligament damage to his right shoulder, which the defense contended was
unrelated to the collision. Long's hospital stay was five days, with surgery to
repair the severe scalp lacerations and skull fracture, which required permanent
insertion of a titanium plate. The trauma surgeon, Dr. Sydney Vail, took graphic
photos of Long in the trauma unit both before and after surgery and these photos
were invaluable in showing the severity of Long's head injuries.
Long's treatment consisted of several follow-up visits with the neurosurgeon who
repaired his skull fracture, and with the trauma surgeon for wound care. He also
was treated by an orthopedist for his collarbone fracture, neck and back pain and
right shoulder pain.
Long was off work for six months following the collision. He returned to work for
seven months before seeing Dr. Gregory O'Shanick of Neurorehabilita-tion Services
in Midlothian. Dr. O'Shanick permanently restricted Long from working due to hearing
deficits and injury to plaintiff's frontal lobe, which results in balance problems,
judgment issues, reduced attention span and temporary loss of taste and smell.
Long had upper and lower left-side weakness as a result of the injury to the right
side of his brain, which resulted in difficulty in walking and performing other
daily activities.
Plaintiff sought to tie in the insurance coverage from First Specialty and US Fire
Insurance Co., which insured the manufacturer of the concrete jail cell that was
being transported at the time of the collision. Plaintiff's theories were, in part,
that according to Virginia Code, Virginia regulations and the federal motor carrier
safety regulations, Osborne was a statutory employee of Tindall Corp. Another theory
was that hauling a wide load that hung over the sides of the trailer by more that
two feet on each side was an activity that was so dangerous that the independent
contractor exception to liability did not apply. No rulings were made on these two
issues.
Mediation was initiated by the defense counsel and held one month prior to trial
with Judge Robert L. Harris Sr. of the McCammon Group as mediator. The primary insurance
carrier, Northland, offered their limits at mediation and the secondary carrier,
Zurich, mad an offer one week later.
Type of Action: Personal injury
Injuries Sustained: Open head injury including a skull fracture; severed middle
meningeal artery; complex scalp laceration (scalping) from right ear to back of
skull; severe eyelid laceration; right ear nearly severed; left collarbone fracture;
multiple lacerations and bruising; soft tissue injuries
Name of Case: Larry E. Long v. Hobart Osborne, Osborne Trucking, Tindall Corporation
and Tindall Haul & Erect Corp.
Court: Roanoke County Circuit Court
Case No.: Law # 05-267
Verdict/Settlement: Settlement
Date: March 6, 2007
Experts: Davis Ross, MD, neuropsychiatrist; Gregory O'Shanick, MD, neuropsychiatrist;
Sydney Vail, MD, trauma surgeon; Paul Paxton, trucking expert; Larry Lynch, PhD,
economist; Peder Melberg, vocational rehab; Sharon Reavis, life care planner
Insurer: Northland Insurance on the tractor owned by Osborne; Zurich International
on the trailer owned by Tindall Haul & Erect; First Specialty Insurance and
US Fire Insurance insured Tindall Corp, the company which contracted the haul by
Osborne, and that coverage was in dispute.
Plaintiff's Attorneys: Raphael E. Ferris, Lenden A. Eakin and Richard M. Thomas,
Roanoke
[07-T-120]
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