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Pedestrians settle cases against driver who struck them

On July 30, 2004, the plaintiffs, boyfriend and girlfriend, were visiting the city of Virginia Beach. Darren Dillman had been sent there by his employer to attend a trade school. Jennifer Snay accompanied him.
At approximately 9:10 p.m. the two were crossing Atlantic Avenue in the crosswalk at 23rd Street. They had successfully crossed the two southbound lanes and the first northbound lane when they were struck in the eastern-most lane by the defendant. Both plaintiffs suffered fractures of the right tibia and fibula. Jennifer Snay’s fractures healed without complications. Darren Dillman required replacement of the intramedullary nail which had been originally applied while he was hospitalized in Virginia Beach. For this reason his medical specials were much higher.
At the time of the incident, the defendant had a BAC of 0.09, Darren Dillman had a BAC of 0.11 and Jennifer Snay had a BAC of 0.08. The attorneys in the case agreed that none of the alcohol-related issues would be admissible at the trial and the matter was settled two days before trial.
Type of Accident: Personal injury pedestrian/automobile accident
Injuries Alleged: Fracture of the right tibia and fibula
Name of Case: Darren Dillman & Jennifer Snay v. James L. Heath
Court: Virginia Beach Circuit Court
Case Number: CL06-3064 (Dillman) & CL06-3065 (Snay)
Special Damages: Dillman – medicals $123,914.17, lost wages $20,429; Snay – medicals $22,150.17
Verdict/Settlement: Settlement amount $545,000; Dillman – $445,000 Snay – $90,000
Date of Settlement: May 31, 2007
Plaintiff’s Attorney: James C. Lewis
[07-T-111]

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