Hit-and-run victim limited in ability to put facts before jury – $75,000 Verdict

This was a normal rear-end collision if it wasn’t for the fact that the defendant was in­toxicated and fled the scene. Unfortunately, those latter two facts never were in front of the jury due to the current state of Vir­ginia law.

Plaintiff was a pas­senger in her family mini-van-type cross over SUV with husband driving and chil­dren in the car after a Walmart trip on a Saturday night. As they approached an intersection on Independence Blvd. near Town Center in Virginia Beach, several illuminated police vehicles sped through the intersection while their light was still red. As the plaintiff’s light turned green, another pair of police cruisers came through with their lights and sirens on, too. Plaintiff’s husband, the driver, stayed stopped as required by the rules of the road and their vehicle was violently im­pacted from behind by the defendant’s F350 Super Duty work truck. At the sub­ject intersection, there were no less fewer than five lanes of travel, all empty except for plaintiff’s vehicle. Defendant claimed to be focused on the police vehicles for obvious reasons. The impact crushed the plaintiff vehicle and pushed them into the intersection. Defendant did stop, get out and check on the plaintiff’s car and sug­gested they move out of the intersection flow of traffic, yet fled. Another vehicle stopped on the opposite side of the street and the plaintiff’s husband gave chase and found the defendant parked about a half mile away in a dark parking lot. Po­lice came and arrested him for DUI and hit and run. He pled guilty to DUI with a B.A.C. of .10 percent and hit and run. The trial court, not the judge who presid­ed over trial, ruled in advance of trial that the law prohibited mention of intoxication and hit and run as the defendant wisely admitted liability. The defendant did not show to trial to appear in front of the jury.

The defense was limited to cross exam­ine the plaintiff about her huge gap in treatment between chiropractors, which was a real issue at trial. Without the second $4,300 in chiropractic bills, the plaintiff only had approximately $9,800 in medical bills. GEICO, the UIM carrier, waived subrogation the day before trial allowing the defense to more freely try the case without exposure to the defen­dant who was instructed not to appear at trial.

The jury was asked to return a verdict between $70,000-$80,000 and returned a plaintiff’s verdict in less than 19 minutes for the plaintiff.

[16-T-032]

Type of action: Personal injury
Injuries alleged: Cervical strain/sprain and lumbar sprain.
Name of case: Bunty v. Riley
Court: Virginia Beach Circuit Court
Case no.: CL140005284-0
Tried before: Jury
Name of judge or mediator: Hon. H. Thomas Padrick Jr.
Date resolved: Feb. 16, 2016
Special damages: $14,300, made up of $6600 from Emergency room, $3200 in chiropractic immediately following collision and $4300 nearly two years after collision with a 14 month gap in treatment.
Demand: $50,000.00
Offer: $25,000.00
Verdict or settlement: Verdict
Amount: $75,000.00
Attorneys for plaintiff: Adam H. Lotkin, Norfolk
Plaintiff’s experts: Treating Emergency room physicians and two chiropractors
Defendant’s experts: None
Insurance carrier: Famers Insurance $50,000; GEICO UIM $100,000 (net $50,000)