Type of action: Motor vehicle negligence

Injuries alleged: Bilateral clavicle fractures, lacerations of liver and lung, multiple spinous process fractures, multiple rib fractures, traumatic hemopneumothorax, contusion of adrenal gland

Date resolved: July 15, 2025

Special damages: $684,397

Demand: $2.5 million

Attorney for plaintiff: Les C. Brock, Richmond, Merrick Brock

Description of case: The plaintiff and his friends were driving home late at night after celebrating one of their friend’s birthdays.

A designated driver was operating the vehicle, and the plaintiff was a backseat passenger. The driver lost control of the vehicle and veered off the highway. The vehicle overturned and crashed into several trees. The plaintiff alleged that just before the crash, the front-seat passenger said “do something crazy” and then grabbed the steering wheel and jerked it, causing the vehicle to go out of control.

The front-seat passenger was later convicted of DUI for grabbing the steering wheel while intoxicated.

In addition to asserting negligence claims against the driver and front-seat passenger, the plaintiff also threatened claims for common law and statutory punitive damages against the front-seat passenger. Geico insured the vehicle and driver with policy limits of $100,000. The insurance company paid its policy limits twice — once on behalf of its driver and once on behalf of the front-seat passenger, who was momentarily the operator of the vehicle — for a total of $200,000.

Elephant Insurance insured the front-seat passenger and tendered its limits of $30,000. The plaintiff had a $500,000 UIM policy with State Farm, which stacked on top of another $500,000 policy from a resident relative, and State Farm tendered its full policy limits of $1 million.

Les C. Brock, counsel for the plaintiff, provided case information.

[025-T-170]