Virginia Lawyers Weekly//June 19, 2017
Virginia Lawyers Weekly//June 19, 2017//
Danielle Davis was a 23-year-old graduate student walking home at 8:20 p.m. (dusk) while carrying groceries from WalMart with her fiancee when she was struck while crossing a four-way controlled intersection against a red light. The car made a left turn starting from the opposite direction and proceeded on a green bulb and green turn arrow. The intersection had no separate pedestrian controls or cross walk markings, but Davis had exited a curb reduction off a sidewalk.
The driver was a 20-year-old college student who had a completely unobstructed view, driving a new vehicle with 70 miles on the odometer, and had no explanation as to why she could not see the pedestrian. Multiple witnesses observed the collision and could not explain the driver’s failure to observe the pedestrians. The driver denied texting or any other kind of phone usage. The responding Virginia State Trooper refused to cite the driver for any violation.
The vehicle struck Davis’ hip, threw her onto the hood where her head struck the windshield and threw her onto the ground. She was immediately rendered comatose.
She was hospitalized one week, experienced significant physical therapy, occupational therapy, optical therapy, required surgery to repair her labral tear, and remains in treatment.
At the time of the collision, Davis was six months from obtaining her graduate degree in conflict resolution. While she is employable, her injuries limited her future earning capacity.
The defendant had $250,000 of liability coverage and the case settled for a $5,000 discount off the policy limits after depositions but before experts were designated.
Type of action: Personal Injury
Injuries alleged: Skull fractures, subdural hematoma, traumatic brain injury, hearing loss, left hip labral tear, Morton’s Neuroma, memory loss, convergence insufficiency, visual disturbance, frequent migraines, diminished multitasking, depression
Name of case: Danielle Davis v. Caroline Musumarra
Court: Stafford County Circuit Court
Date resolved: April 17, 2017
Special damages: $176,000 in medical expenses and undetermined lost wages and lost future earning capacity
Verdict or settlement: Settlement
Attorney for plaintiff: Scott A. Surovell, Fairfax
Attorney for defendant: Bryan K. Snyder, Richmond
Insurance carrier: Donegal Insurance & Southern Insurance