$3 Million Settlement Reached in Fairfax County Wrongful Death / Survivor Action Case

Attorneys at Blankingship & Keith, P.C. secured a $3 million settlement in a case arising from a delivery driver who ran over a 75-year old man in a wheelchair who was in a residential crosswalk. The crash left him with catastrophic injuries and ultimately led to his death.

The plaintiff, 75 years old, was using a motorized wheelchair when he was struck while lawfully crossing the street. The plaintiff and his wheelchair were dragged approximately 30 to 45 feet, leaving him trapped beneath the delivery truck until a tow truck arrived and lifted the vehicle so first responders could free him.

An accomplished author, scholar, and activist who earned a Ph.D. in economics after emigrating to the United States from Pakistan, the plaintiff suffered devastating polytraumatic injuries, including five displaced rib fractures, femur and tibia fractures, and a scapular fracture.

Despite significant preexisting medical conditions, including childhood polio affecting his mobility, emphysema, COPD, and an undiagnosed thyroid tumor, he survived the initial trauma and endured a prolonged medical course marked by multiple surgeries and extended inpatient rehabilitation.

He first underwent surgery to stabilize his right hip and femur, followed by a ten-day hospital admission and inpatient rehabilitation. Several months later, while still recovering, he fell from his wheelchair and refractured his femur, requiring a second surgery and additional rehabilitation. When surgical hardware later failed, a third surgery was required to revise the femur fixation, again followed by physical and occupational therapy.

The plaintiff died nearly one year after the crash, leaving behind his wife of 46 years and two adult children.

The delivery company contended that his death was caused by underlying health conditions and argued that the case was limited to survival damages for the period he lived following the collision. It also disputed whether the second and third surgeries were related to the crash.

The plaintiff’s family maintained that the injuries sustained in the collision were a proximate cause of his death, while also asserting alternate theories of wrongful death and survival action under Virginia law.

“This was a case where the defense focused heavily on preexisting conditions,” said Amy L. Bradley, who represented the plaintiff. “But the evidence showed that the trauma of this collision set in motion a cascade of injuries and complications that profoundly affected his health and ultimately his life. Our goal was accountability—and ensuring his family’s loss was fully recognized.”

The case was resolved at mediation.