Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Personal injury
Injuries alleged: Broken femur
Court: Roanoke City Circuit Court
Case no.: CL20-2087
Tried before: Jury
Name of judge or mediator: Judge David B. Carson
Date resolved: 12/14/2021
Special damages: $117,693.17
Verdict or settlement: Verdict
Amount: $400,000
Attorneys for plaintiff (and city): Benjamin D. Byrd and Macel H. Janoschka, Roanoke
Description of case: This was a two-vehicle auto accident on U.S. Route 460 in Roanoke City in which both drivers sued each other. The plaintiff was turning left off of U.S. 460 West when he was hit by the defendant / counterclaim plaintiff who was traveling straight on U.S. 460 East. Both drivers claimed they had the green light at the intersection where the plaintiff attempted to turn left.
Ben Byrd represented the plaintiff in his capacity as a plaintiff and Macel Janoschka represented the plaintiff in his capacity as a defendant. They tried the case together and put on all of the plaintiff’s evidence during his case-in-chief.
The plaintiff suffered a broken right femur in the wreck and the treating orthopedist provided evidence of permanent impairments due to that injury. There were no lost wages or loss of earning capacity as the plaintiff had been previously declared disabled due to cardiac issues. The plaintiff was in his late 60s at the time of trial.
The jury deliberated for just over an hour and returned a $400,000 verdict in favor of the plaintiff. There was only $100,000 in coverage ($50,000 from State Farm, the liability carrier, and $50,000 from the UIM carrier).
Benjamin Byrd, counsel for the plaintiff, provided case information.
[022-T-002]
