Virginia Lawyers Weekly//June 13, 2025//
Virginia Lawyers Weekly//June 13, 2025//
Injuries alleged: Three shoulder surgeries resulting in inability to perform law enforcement duties and retirement
Name of mediator: Judge Thomas B. Hoover (Ret.)
Date resolved: March 11, 2025
Special damages: $129,795.56 in medical expenses; $80,701.49 in lost wages
Demand: $5.5 million
Attorneys for plaintiff: William H. Parcell and Andrew S. Herzog, Richmond, Parcell Webb & Baruch
Description of case: The case involved a tractor-trailer pulling a tanker trailer that lost two trailer tires while travelling on the interstate. Each tire and rim weighed 250 pounds.
One tire flew into the woods, while the other struck the Jersey wall, bounced 50 feet in the air, and struck the driver’s front windshield pillar as he was going 70 mph.
The police vehicle was totaled, and the officer suffered a severe shoulder injury that required three surgeries and led to medically required retirement.
The tractor-trailer continued down the highway until two concerned citizens chased and stopped the truck.
Liability was contested by the tire company that last installed the tire and the trucking company who owned the truck. The plaintiff alleged that the tire company improperly installed the tires by over-torquing the wheel nuts and lugs and that the trucking company failed to do the required post installation wheel torque inspection required by company policy.
It is well known that the wheel indicators on the outside of the wheels will move if under tightened but not if the lugs/nuts are over-torqued. Both companies were required to check the torque after installation with a certified and calibrated torque tool to check to make sure the lugs/nuts were not too tight. If they are too tight, it causes wheel studs to be plastically and permanently stretched resulting in a longer stud which results in reduction in clamping force leading to lug fatigue, stud fracture and wheel separation.
Andrew S. Herzog, counsel for the plaintiff, provided case information.
[025-T-067]