Virginia Lawyers Weekly

Fletcher v. Ayala

Type of Case: Personal injury, traumatic brain injury

Court: Prince William Circuit Court

Attorney: Douglas B. Wessel, Reston

Summary: A retired minister was injured when a car turned left in a through-lane of an intersection because a Pizza Hut delivery driver had abandoned her vehicle in the left turn lane after it broke down. Plaintiff underwent surgery for a subdural hematoma and extensive rehabilitation but still has deficits in language-related function.

The maximum coverage was $100,000, $25,000 from the other driver and $75,000 in underinsured motorist coverage.

Pizza Hut and its driver were named as defendants, but the case against them was nonsuited following pretrial rulings that such evidence as a direction by the store manager to remove the Pizza Hut sign from the vehicle was not admissible. Wessel said he intends to revive the claim against Pizza Hut.

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