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Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000

A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out from a side road.

Tolbert suffered two cervical disc herniations, which did not require surgery, and soft tissue back, shoulder, and arm pain. The injuries forced Tolbert to retire early after several failed attempts to return to work. The insurance company representing the driver, Mirtha Seda, admitted liability, settling with Tolbert for the policy limit of $25,000.

Tolbert then sought underinsured motorist insurance from his personal carrier, USAA, after learning his employer, the Commonwealth of Virginia, did not provide that type of coverage. He claimed damages of $15,000 in past medical expenses, $6,500 in lost wages, and $300 per month of lost retirement. There was also a $50,000 workers’ compensation lien.

After the jury’s February 14, 2006, verdict, the parties settled for the policy’s limit of $200,000, less the prior $25,000 tort feasor settlement. Tolbert was represented by Halifax attorney George H. Bagwell. See: Tolbert v. Seda, Halifax, Virginia, Circuit Court, Case No.: CC03000193-00.

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Related legal case

Tolbert v. Seda, Halifax, Virginia, Circuit Court, Case No.: CC03000193-00

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