Truck driver struck by car while crossing street — $400,000 verdict

Type of action: Personal injury

Injuries alleged: Multiple tibia fractures, lumbar compression fracture

Name of case: Boberg v. Davis

Court: New Kent County Circuit Court

Case no.: CL 190000964-00

Tried before: Jury

Name of judge or mediator: Judge Thomas B. Hoover

Date resolved: 4/16/2021

Special damages: $376,475.03

Demand: Policy limits, $300,000

Offer: $30,000

Verdict or settlement: Verdict

Amount: $400,000

Attorneys for plaintiff (and city): T. Noels Brooks and Jesse Baez, Richmond

Insurance carrier: GEICO

Description of case: Plaintiff was the driver of a tractor-trailer who stopped to ask for directions at a Valero gas station near the intersection of Route 249 and Clint Lane in New Kent County. Plaintiff parked his tractor-trailer on the eastbound side of Route 249 and crossed the road to ask for directions. Upon attempting to return to his tractor-trailer, plaintiff was struck by defendant who was driving to work.

As a result of the accident, plaintiff spent several weeks at VCU hospital and required multiple surgeries. After being discharged, plaintiff continued inpatient care at Good Shepherd Rehabilitation Center in Allentown, Pennsylvania, as well as at Manor Care Health Services and St. Luke’s Hospital.

Liability and contributory negligence were heavily litigated and contested in this matter.

[021-T-050]