On Oct. 18, 2016, plaintiff Albert Weadon, then 78 years old, was crossing Mount Vernon Avenue in a marked crosswalk at its intersection with E. Oxford Street in the Del Ray section of Alexandria. Defendant Carol Layer, a City of Alexandria employee acting within the scope of employment, was making a left from E. Oxford onto Mount Vernon Avenue. She failed to yield the right of way, striking Weadon in the crosswalk. The impact knocked Weadon to the pavement, causing his head to strike the roadway. He suffered brain hemorrhages and resulting permanent brain damage which affects his memory. The defendant testified in deposition that she never saw the plaintiff before striking him as she was blinded by the sun and admitted that she was on the cell phone with her daughter at the time of the collision. The brain injury had life-altering effects on the plaintiff as he was not able to return to his life-long home where he lived independently with his 92-year-old sister. Both he and his sister were forced to move to assisted living due to his permanent injuries. As the defendant was a city employee, the city paid the settlement.
Type of action: Personal Injury-Pedestrian hit by car
Injuries alleged: Traumatic brain injuries-concussion, and internal bleeding of the brain, diagnosed as a subdural hematoma, a multicompartmental posttraumatic intracranial hemorrhage with subarachnoid, intraventricular and parenchymal hemorrhage, and encephalomalacia.
Name of case: Albert Weadon v. Carol Layer
Court: Alexandria Circuit Court
Case no.: 2017-18182
Tried before: Mediation
Name of mediator: Hon. Joanne Alper (Ret.)
Date resolved: June 19, 2018
Special damages: $335,000 medical bills; no lost wage claim.
Verdict or settlement: Settlement
Attorney for plaintiff: Thomas J. Curcio, Alexandria
Attorneys for defendant: Julia B. Judkins, Fairfax; George McAndrews, Alexandria
Plaintiff’s experts: Case settled before expert designations; Plaintiff’s treating neurologist- Dr. Lewis Eberly, Alexandria
Defendant’s experts: Case settled before expert designations
Insurance carrier: City Of Alexandria Self-Insured-PMA Companies