Virginia Lawyers Weekly VA Lawyers Weekly
Claims against operators of two concurrent roadway construction projects on Interstate 495. Paving contractor milled three lanes of I-495, leaving a two-inch ledge between lanes three and four. Temporary Traffic Control contractor blocked off all three milled lanes in the middle of the night to protect a second work zone located beyond the paving project. The combination of work zones resulted in traffic’s being forced over the ledge in the middle of the night with inadequate warning.
Plaintiff’s decedent was returning home from work at the Pentagon on a motorcycle when he was channeled to the left into the ledge, his motorcycle tripped, throwing him to the pavement, where he was run over and killed by another vehicle. He is survived by his wife and an infant daughter.
[18-T-166]Type of action: Wrongful Death
Injuries alleged: Wrongful Death
Name of mediator: Hon. Diane Strickland (Ret.)
Date resolved: Nov. 5, 2018
Special damages: Claimed loss of income and services to spouse and minor beneficiary
Verdict or settlement: Settlement
Amount: $3,175,000
Attorneys for plaintiff: Peter DePaolis and Julie Heiden, Washington, D.C.; Robert J. Stoney, Chidi I. James, and Peter S. Everett, Fairfax
Plaintiff’s experts: Ted Kalriess – road construction standards – WAPM; Jay Nogan – motorcycle; Alison Twente, PhD – psychology; Noreen Lyons – grief counselor; Peder Melberg – vocational assessment; Colin Linsley PhD, CPA – economist
