Virginia Lawyers Weekly

Plaintiff, a 25-year-old female, worked as a dental hygienist and was traveling on Interstate 295 northbound in Hanover County. Plaintiff alleged that the defendant swerved into her lane (second lane from the median). Plaintiff swerved to avoid the defendant, entered the lane closest to median, lost control, went off into the median and rolled over multiple times striking several vehicles on I-295 southbound before coming to a rest upside down with her vehicle partially on top of a vehicle in southbound lane.

Plaintiff was charged with reckless driving in traffic court. Plaintiff’s counsel appeared in traffic court on her behalf and had the charge dismissed on a motion to strike.

There were three witnesses who appeared for the defendant carrier at trial. Two were traveling behind the plaintiff who indicated that they did not see anyone swerve towards the plaintiff. Another was traveling southbound who indicated that he saw the plaintiff traveling at a high rate of speed, that the plaintiff changed lanes several times and lost control when she tried to “beat” a gold car to a hole in the traffic in the outermost lane closest to the median.

Plaintiff’s passenger testified that she screamed when the defendant vehicle swerved into their lane and that the defendant was driving a gold-colored vehicle.

In a separate lawsuit filed by a driver of a vehicle on the other side of the median, the same carrier had already offered its liability policy limits to one of the people traveling southbound on I-295 on the basis that the plaintiff was at fault in the accident. That carrier refused to offer any UM monies to the plaintiff up to and during the trial (plaintiff had demanded $75,000 and had indicated she would accept a lower amount).

Plaintiff suffered a broken eye socket, which required two surgeries, six broken ribs, permanent scarring of the face, intercranial bleeding after the accident including a five-day stay at VCU Medical Center after being taken by helicopter from the scene. Her medical bills totalled $75,000. Plaintiff missed significant time from work due to the injuries and surgeries and had lost wages of $20,000.
Plaintiff called no doctors to testify, presenting only the testimony of the trooper, her passenger and herself.

The jury was out 25 minutes before returning a verdict of $200,000 (the amount requested by plaintiff’s counsel in closing argument) plus 10 percent interest.

The UM carrier’s policy limits were $100,000. This amount was paid shortly after the verdict.

[09-T-090]

Type of Action: Personal injury
Injuries Alleged: Broken eye socket, broken ribs, permanent scarring to face, permanent displacement of left eye down and back approx. 1/4 inch
Name of Case: Lima vs. John Doe
Court: Hanover County Circuit Court
Case No.: CL-08-177
Date: April 24, 2009
Tried Before: Jury
Name of Judge: John Richard Alderman
Demand: $75,000
Offer: None
Verdict/Settlement: Verdict
Amount: $200,000 plus 10 percent interest from date of accident
Special Damages: $75,000 in medical $20,000 in lost wages
Insurer: State Farm
Plaintiff’s Attorney: Stephen T. Harper

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