Upcoming Trials at Smith Law Center

The upcoming trial on June 25th centers around a rear-end collision where our client's vehicle was struck while stopped at a red light in Newport News. Despite the defense claims that the our client's prior gunshot wound to the head 30 years prior is the root cause of his issues, evidence suggests otherwise. The client, who had previously led a full and successful life, including graduating from Virginia Tech’s architecture landscaping school, owning his own landscaping design business, and raising a family, he now struggles with debilitating effects from the accident, including significant irritability, executive functioning, and word finding troubles.  

The impact of the collision has left the client emotionally and physically impaired, affecting his ability to work, manage his emotions, and maintain relationships. Despite continued employment, he has had to relocate to West Virginia for a job with the government that accommodates his limitations and allows our client to work at his own pace.

The defense contends that the client is exaggerating his symptoms for financial gain, but the evidence, including video footage and witness testimonies, suggests otherwise. The trial is expected to be emotionally charged and complex, with the defense likely to challenge the severity of the client's injuries and the extent of their impact on his life, as he had already suffered a gunshot wound to the head 30 years prior. Despite these challenges, Holt is committed to seeking justice for their client in the City of Newport News.

The upcoming trial in May presents a complex case involving a traumatic brain injury (TBI) resulting from an explosion at a Georgia Pacific paper factory in Muskogee, Oklahoma. The explosion, which occurred due to a “Grabber” catching fire and igniting a propane tank used to power the grabber, engulfed the warehouse and led to extensive property damage. A huge explosion occurred which knocked our client off of her feet.  She briefly lost consciousness.  

The trial focuses on determining liability among the manufacturer of the forklift/grabber (Hyster), the maintenance companies (Concentric and Medley), and Georgia Pacific itself. Georgia Pacific is seeking damages for property loss and contractual issues, and David Holt is assisting in mounting their liability prosecution against the three defendants.

The defense argues that dust in the air caused the massive explosion and that Georgia Pacific's alleged improper maintenance of the forklift/grabber contributed to the incident. However, the plaintiff, who suffered a mild traumatic brain injury, presents compelling evidence of severe physical and psychological effects, including photophobia, audio sensitivity, headaches, confusion, and PTSD.

The plaintiff's life care plan estimates economic damages of $6.3 million to cover ongoing and future care needs due to her disability. The trial is anticipated to last four to six weeks, with David Holt leading the damages case to seek appropriate compensation for the client's injuries and losses.

Update: This trial settled for $900,000 on March 28th.
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The upcoming trial on April 15th revolves around a serious accident involving a dump truck carrying riprap from the Hampton Roads Bridge-Tunnel Expansion project.  Riprap is, essentially large rocks often found in large drainage and other environmental uses and were the base for the old tunnels in the Chesapeake Bay. 

The dump truck left the Hampton Roads Tunnel and the incident occurred at the intersection of Settler's Landing and the exit to 64 westbound in Hampton. The dump truck ran a red light, colliding with our client's car, essentially destroying the vehicle. Our client suffered significant injuries, including a loss of consciousness, mild traumatic brain injury (mTBI), memory loss, headaches, tinnitus, hearing loss, PTSD, and a doctor recommended cervical fusion to fix pain in her neck. 

Key points of contention include the conflicting accounts of whether the traffic light was red or green at the time of the accident. The dump truck driver claims it was green, but all four occupants of our client's car, including the client herself, assert it was green. Complicating matters is the dump truck driver's questionable credibility due to his extensive criminal record of over 36 felonies.

‍Our client faces ongoing medical treatment, including continued therapy and treatment with Dr. Gregory O’Shanick and psychotherapy with Dr. Maria Raciti.  Additionally, there's a dispute regarding the need for cervical spine fusion surgery recommended by an orthopedic doctor which is challenged by a doctor hired by the trucking company. The traumatic brain injury diagnosis is also contested by a defense-hired neurologist and a neuropsychologist.

The trial promises to be complex, with multiple expert opinions and legal arguments involved. Our lawyers anticipate a challenging but ultimately rewarding case, aiming to secure damages from both the dump truck driver and the company who hired him.  Trial begins April 15 in Hampton Circuit Court. 

Update: This trial concluded in a victory on behalf of our client on March 27th. The total amount paid is confidential.
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The upcoming trial on March 25th involves George A. as our client, with Stewart Gill as Lead Counsel, and David Holt and Samantha assisting. It concerns a rear-end accident in Chesterfield where the client's truck was rear-ended, forcing the trailer our client was towing to be embedded into the bumper, requiring removal with a forklift. The trailer's A-frame and the truck's hitch were significantly damaged. 

The defense argues the impact wasn't significant enough for a brain injury, despite the client showing typical symptoms such as cognitive difficulties, significant fatigue, emotional dysregulation issues, memory loss, and headaches. The client also suffers from anosmia, which is a loss of smell that is often associated with brain injury. There are also positive brain volume changes shown by a Neuroquant analysis, which measures brain volume.  

The client, an older male, has preexisting medical issues from a previous divorce, including depression and anxiety. He also suffered a concussion about 6 months prior to this crash.  Expert witnesses Dr. Grogory O’Shanick and his PCP confirmed traumatic brain injury (TBI), evidenced by the client's post-concussive symptoms and his loss of smell associated with trauma to the first cranial nerve. The trial, likely lasting four to five days, will involve cross-examining defense experts who deny the presence of TBI.  However, in the firm’s experience, the client’s symptoms are indicative of a TBI and we intend to prove it at trial and expect a favorable award on behalf of our client.