A motorcyclist who suffered an apparently permanent thumb injury when he was struck by a car reached a $100,000 settlement prior to litigation, according to his attorney.
Laurie Del Percio, lead litigation attorney at The Horn Law Firm in Independence, said Christopher Britt was riding his motorcycle on June 22, 2021 in Oak Grove when Tara Powell failed to yield the right of way.
Paramedics treated Britt’s severe road rash on his forearm and knee at the scene, and his wife took him to a hospital. In addition to his road rash injuries, he also suffered right hip pain and swelling and trauma to his left hand and thumb. Britt was placed in a thumb spica splint and advised to see an orthopedic specialist for evaluation.
X-rays were negative for a fracture or dislocation, so he was diagnosed with a sprain of the metacarpophalangeal (MCP) joint of left thumb. Britt underwent physical therapy, as he remained functionally limited in his ability to use his left hand, including grasping and griping.
However, he continued to experience pain over the following months. His doctor did not recommend surgical repair and instead advised Britt to continue to exercise the hand.
The majority of the pain was in the ulnar side of the MCP joint and the joint continued to stay swollen and tender. By January, his doctor did not feel another round of therapy would be substantially beneficial. He advised Britt that he was at maximum medical improvement and that the thumb injury represented a permanent impairment in that he would just have to live with pain, discomfort, and physical restrictions related to the use of left hand.
Del Percio said photographs of Britt’s road rash were the key in reaching a successful settlement.
Motor Vehicle Collision
Venue: Jackson County
Case Number/Date: Not Filed/Aug. 5, 2022
Special Damages: $63,052.53 past medical billed, $55,297.84 written off
Plaintiff’s Experts: Dr. Daniel Bortnick, Leawood, Kansas (surgical specialties); Kurt Krueger, John Ward Economics, Prairie Village, Kansas (economics)
Caption: Christopher Britt v. Tara Powell
Plaintiff’s Attorney: Laurie L. Del Percio, The Horn Law Firm, Independence