Virginia Lawyers Weekly//December 3, 2024//
Virginia Lawyers Weekly//December 3, 2024//
Type of action: Auto accident
Name of case: Paul v. Barret
Court: Virginia Beach Circuit Court
Case no.: CL22-6387
Tried before: Jury
Date resolved: 6/12/2024
Verdict or settlement: Verdict
Amount: $3,050,000

Attorney for plaintiff: Ed Booth, Virginia Beach
Description of case: Event Data Recordings showed the defendant driving over 100 mph on a crowded street in Virginia Beach at 6 p.m. on a summer evening. The defendant struck the plaintiff as she pulled out into traffic, having no realistic way to see him approaching given his speed. The plaintiff was seriously injured but miraculously survived her wounds.
Coverage in the case was limited. But punitive damages were permitted because of the extreme speed and an allegation of racing. Although represented by skilled and experienced defense counsel, the defendant would not meaningfully participate in the case. He refused to provide information regarding his financial status for pursuit of (or to abandon much hope of) recovery beyond the limits of the coverage. He did not participate in discovery, which led to the plaintiff’s lawyer seeking and obtaining a ruling from the court — following the proper application of Rule 4:12 — striking defenses and excluding the defendant’s testimony unless called adversely at the plaintiff’s request.
The case was tried to a Virginia Beach jury in a day. Shortly after retiring to deliberate, the jury returned a verdict of $2.75 million in compensatory damages and $300,000 in punitive damages.
Ed Booth, counsel for the plaintiff, provided case information.
[024-T-115]