Father, a Virginia resident, was driving on a highway when he entered a work zone and crashed into a large construction vehicle resulting in his death. Plaintiff claimed that the work zone was not properly marked and barricaded in accordance with the guidelines set forth in the Virginia Work Area Protection Manual. This failure deceptively led the driver to believe he was entering a third travel lane when he was actually entering the work zone.
There were no eyewitnesses to the crash. Law enforcement investigation immediately after the accident found the barricade was located parallel to the opening of the work zone and did not appear to have the significant damage one would expect to find from a high speed collision had the barricade been blocking the work zone.
Several days post-accident the driver’s blood was taken from “pooled blood” and found to have a 0.13 blood alcohol content. The defense intended to rely upon contributory negligence as a defense based upon the high blood alcohol content.
The only statutory beneficiary of the deceased driver was his daughter, who lived with her mother out of state and for whom the father paid no child support and saw only sporadically. Plaintiff intended to present a case of loss of solace only suffered by the daughter.
Case was settled through mediation.
Type of action: Wrongful Death
Injuries alleged: Multiple catastrophic causing instant loss of life.
Name of case: Confidential
Court: Fairfax County Circuit Court
Tried before: Mediation
Name of mediator: Judge Paul A. Sheridan (Ret.)
Date resolved: April 8, 2016
Special damages: None
Verdict or settlement: Settlement
Attorneys for plaintiff: James Kearney and John Keats, Fairfax