By: Virginia Lawyers Weekly October 31, 2017
On Jan. 12, 2014, the plaintiff and her family were having lunch at McAlister’s Deli. While at
lunch, the plaintiff was seated in an armless chair at a table with her back to the aisle. At that
same time, a female busser carrying a large and heavy bus pan filled with dishes walked quickly
down the aisle towards the plaintiff, and as she passed by the plaintiff, she yanked the plaintiff’s
right arm backwards with the bus pan as she continued walking forwards. The plaintiff
immediately felt sharp pain in her right shoulder/upper arm and sought medical treatment.
Initially she was diagnosed with an acute right shoulder injury and referred to physical therapy
but it was not helpful and she subsequently underwent surgery for her right shoulder. During the
surgery it was found that the plaintiff had a superior labral tear. Two weeks following the
surgery, the plaintiff had to undergo a surgical revision for a repair of the subscapularis
osteotomy. Over the next year the plaintiff required prolonged orthopedic treatment, several
courses of physical therapy, cortisone injections, and pharmacological management. She missed
time from work as the owner and personal trainer of her fitness studio. Due to the surgical repair
and implanted hardware, the plaintiff had some permanency of limitation and impairment in her
right shoulder. The defense claimed that the shoulder injuries were degenerative and preexisting.
[17-T-149]
Type of action: Personal Injury
Injuries alleged: Initial injury was acute right shoulder injury to include a superior labral tear,
followed by a subscapularis avulsion following a right shoulder arthroplasty.
Name of case: Lisa Walker v. M 2 LLC, d/b/a McAlister’s Deli and Miller Group USA and
Sarah Gandolfo
Court: City of Richmond Circuit Court
Case no.: CL15-4708
Tried before: Mediation
Name of judge or mediator: Hon. Donald H. Kent
Date resolved: June 24, 2017
Special damages: $175,500.34 – Breakdown: Medical Bills: $155,793.96 Lost Wages:
$19,370.00 Mileage Costs: $336.38
Verdict or settlement: Settlement
Amount: $450,000.00
Attorneys for plaintiff: Colleen Marea Quinn, Richmond
Attorneys for defendant: John W. Zunka, Charlottesville
Plaintiff’s experts: Geoffrey B. Higgs, M.D.
Defendant’s experts: William C. Andrews, Jr., M.D.
Insurance carrier: Defendant’s carrier – The Hartford