Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Wrongful death
Name of judge or mediator: Judge Pamela S. Baskervill (Ret.)
Date resolved: July 2022
Verdict or settlement: Settlement
Amount: $350,000
Attorney for plaintiff (and city): W.F. Drewry “Drew” Gallalee, Richmond
Gallalee
Description of case: On June 24, 2021, a 33-year-old single male with a history of mental illness and legal problems was operating his moped on a two-lane road with double yellow lines when a logging truck passed him and there was a collision, killing the moped driver. There were no eyewitnesses except the truck driver who said he had crossed the double yellow lines to pass when the moped driver drove into the side of his truck. The moped driver died on the way to the hospital. The investigating state trooper determined the truck driver did nothing wrong and there were no charges. The state trooper ordered a toxicology report for the deceased moped driver and the medical examiner found levels of fentanyl, morphine and cannabinoid in his system. The moped driver lived with his parents and younger brother and had two half-brothers. The plaintiff took the position that the truck driver illegally crossed the double yellow lines and was the proximate cause of the collision when the moped driver was making a legal left-hand turn. The defense argued there was no negligence and that the moped driver was contributorily negligent. The case was settled presuit at mediation for $350,000.
W.F. Drewry “Drew” Gallalee, plaintiff’s counsel, provided case information. [022-T-127]
