Motorcycle collides with school bus: Failure to yield: Vicarious liability: Brain injury: Multiple fractures: Settlement

Law Reporter, Apr 2004

Watford v. Briggins, Va., Hampton Cir. Ct., No. 02-349, Dec. 19, 2003.

Watford, 57, was riding a motorcycle on a street when a school bus made a left turn in front of him. Watford collided with the bus's mirror, sustaining a brain stem contusion and hemorrhage, and fractures to his pelvis, leg, and ankle. His past medical expenses totaled approximately $445,800, and his future medical care and expenses are estimated at $5 million. Formerly a sheet metal and tile mechanic earning approximately $55,000 annually, Watford is unable to return to work. His income loss is estimated at $1.17 million.

Watford sued the driver and the school district that employed him, alleging the driver was negligent in driving a school bus despite having medical conditions that caused blurred vision. Plaintiff asserted the driver was not immune from liability under the state sovereign immunity statute, Va. Code § 22.1-194, because he had not yet picked up the first student on his bus route for the morning. Suit against the school district alleged vicarious liability for the driver's negligence.

The court entered declaratory judgment that the school board is immune for damages in excess of $50,000. Although it found the bus driver was not immune, the court noted the driver was still covered under the school board's insurance. The parties settled before trial for $7.5 million.

Plaintiff's experts included Robert D. Voogt, life-care planning, Virginia Beach, Va.; Charles DeMark, rehabilitation, Portsmouth, Va.; Warren Foer, neurosurgery, Virginia Beach, Va.; Richard B. McAdam, neurosurgery, Hampton, Va.; and Jeffrey Carlson, orthopedics, Newport News, Va.

Defendants' experts were Richard P. Bonfiglio, physical medicine/rehabilitation, Pittsburgh, Pa.; Seth Oppenheim, ophthalmology, Hampton, Va.; Linda McKinley, life-care planning, Glenn Allen, Va.; and Horace W. Sawyer, rehabilitation counseling, Gainesville, Fla.

Plaintiff's Counsel

*Carlton F. Bcnnett, Virginia Beach, Va.

*John E. Zydron, Virginia Beach, Va.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Zydron.