Virginia Lawyers Weekly

In this motor vehicle crash, the plaintiff was struck head on by the defendant drunken driver, resulting in significant property damage. The defendant’s vehicle came to rest upside down. After the collision, the defendant was observed urinating in the street. The defendant was arrested and pleaded guilty to DUI.

The defendant, who was in the United States illegally, was deported back to Mexico after serving four months in jail on the DUI conviction. The plaintiff was treated at the emergency room on the evening of the crash and released after extensive diagnostic testing with negative findings.

She had one follow-up with her family doctor for sprain/strain injuries and fully recovered from all bodily injuries within one year after the collision. The plaintiff was a 64-year-old, recently widowed, lifelong resident of Hampton Roads.

The defendant sustained a hand injury and was taken from the scene for emergency treatment. His blood was drawn at the emergency room for medical reasons two hours after the collision with a resulting ethanol serum level of 0.16 percent. His blood was drawn a second time five hours after the collision and analyzed by the commonwealth’s forensic lab with a resulting blood alcohol content of 0.07. Dr. William Cook, pharmacologist, testified that the defendant’s blood alcohol concentration was greater than a 0.15 at the time of the collision.

Two other individuals (one of whom was the plaintiff’s sister) were injured in this crash and their cases settled prior to this trial, leaving the defendant with only $12,500 in insurance coverage. This amount was offered in settlement in exchange for a full release. The plaintiff had 50/100 UIM insurance with Nationwide. Nationwide offered only an additional $12,500 of coverage, reasoning that the defendant had already been punished and did not believe a jury would award significant punitive damages.

The defendant did not appear at trial and the plaintiff did not present any medical expert testimony. The plaintiff’s case had themes taken from attorneys Brent Brown and Mike Goodove, seen in their CLE seminars and published articles empowering the jury with an opportunity to render a verdict that would serve as an example to prevent others from driving drunk.

The jury was out one hour and returned a verdict for the plaintiff in the amount of $30,000 compensatory damages, with interest, from date of the crash and $100,000 in punitive damages.

[09-T-091]

Type of Action: Personal injury with DUI punitive damages
Injuries Alleged: Neck, back and hand sprain/contusions
Name of Case: Linda Daughtrey v. Jose Reyes Velasco
Court: Portsmouth Circuit Court
Case No.: CL07-2781
Date: May 19, 2009
Tried Before: Jury
Name of Judge: J.A. Cales Jr.
Demand: $40,000
Offer: $25,000, liability and UIM combined
Verdict/Settlement: Verdict
Amount: $30,000 compensatory and $100,000 punitive
Special Damages: $9,881
Insurer: Nationwide
Plaintiff’s Attorney: Richard Aufenger III, Norfolk

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