Intoxicated driver left road, struck pedestrian on sidewalk — $250,000 settlement

Type of action: Personal injury-pedestrian

Injuries alleged: Torn anterior cruciate ligament requiring surgical correction, closed head injury and concussion, scalp laceration requiring surgical repair, cervical and lumbar strains, pelvic contusions and chest pain

Name of case: Hopkins v. Ponce

Court: Fairfax Circuit Court

Case no.: CL20001987

Date resolved: 10/20/2021

Special damages: Medical expenses totaling $106,212.76; Lost wages totaling $9,405

Demand: $250,000

Offer: $250,000

Verdict or settlement: Settlement

Amount: $250,000

Attorney for plaintiff (and city): Joseph A. Blaszkow, Alexandria

Description of case: The defendant, Ponce, drove his vehicle off the roadway and struck the plaintiff, Hopkins, a pedestrian walking on the sidewalk southbound along S. Van Dorn Street. Ponce had a BAC of .222% and was arrested for a DWI, to which he pleaded guilty.

Hopkins sustained a head injury with a laceration and a knee injury, both of which required surgical correction. She sustained various other soft tissue injuries, was under doctor’s care for approximately seven months and missed approximately 11 weeks of work.

Hopkins received the tortfeasor’s policy limits of $100,000 from State Farm, additional policy limits from household coverage of $25,000 from Geico and another $25,000 from State Farm in 2020. State Farm refused to entertain additional negotiation with respect to an additional household policy with limits of $100,000. Suit was filed in order to access this additional coverage. No additional negotiation occurred until after the plaintiff’s deposition, after which the insurer tendered their remaining coverage. Before agreeing to the settlement, plaintiff dismissed her claims for punitive damages in order to minimize the likelihood that any of her recovery might be considered to be taxable.