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Driver couldn’t explain not seeing pedestrian in crosswalk – $245,000 Settlement

Virginia Lawyers Weekly//June 19, 2017

Driver couldn’t explain not seeing pedestrian in crosswalk – $245,000 Settlement

Virginia Lawyers Weekly//June 19, 2017//

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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.

[17-T-088]

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

Demand: $250,000

Offer: $245,000

Verdict or settlement: Settlement

Amount: $245,000

Attorney for plaintiff: Scott A. Surovell, Fairfax

Attorney for defendant: Bryan K. Snyder, Richmond

Insurance carrier: Donegal Insurance & South­ern Insurance

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