Virginia Lawyers Weekly

Johnson v. Hairston

Type of Case: Personal injury

Court: Henry County Circuit Court

Attorneys: Philip G. Gardner and James J. Reynolds, Martinsville

Summary: The plaintiff’s vehicle was hit at an intersection by a state trooper who has responding to what he mistakenly believed was an emergency call from another trooper. The trooper had the right of way but was driving 94 mph immediately before the collision, according to a crash data recorder in his vehicle.

Plaintiff’s attorneys had to prove that the trooper was grossly negligent to overcome his sovereign immunity defense.

Plaintiff suffered facial disfigurement and has a total permanent disability as a result of brain injury incurred in the crash.

The case was settled while on appeal.

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