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SCLA STAFF: James C. Lewis, Attorney; Denell Falzon, Paralegal; Julia Hatcher, Legal Assistant
COURT/DATE Virginia Beach Circuit Court May, 2007
CASE DESCRIPTION Pedestrians Struck by Automobile
WHAT HAPPENED July 30, 2004, Plaintiffs DD and JS were visiting the city of Virginia Beach. At approximately 9:10 p.m. at night the two of them were crossing Atlantic Avenue in the crosswalk at 23rd Street. They had successfully crossed the two southbound lanes and the first northbound lane when they were struck in the eastern most lane by the Defendant. Both Plaintiffs suffered fractures of the right tibia and fibula. JS fractures healed without complications. DD required replacement of the intramedullary nail which had been originally applied while he was hospitalized in Virginia Beach, VA. For this reason his medical expenses were much higher.
At the time of the incident the Defendant had a Blood alcohol content (BAC) of 0.09, DD had a BAC of 0.11 and JS had a BAC of 0.08. The attorneys in the case agreed that none of the alcohol related issues would be admissible at the trial.
OUTCOME The case settled in mediation two days before trial for $545,000.00, DD-$455,000.00 and JS-$90,000.00
KEY LEGAL STRATEGY Critical to the injured client's successfully prosecuting their claim was the fact that they retained a law firm quickly and our law firm had the entire scene of the accident carefully and thoroughly photographed within several weeks of the accident. This allowed our attorneys to show the jury what the condition of the roadway was at the time, given the fact that many changes had been made to the accident scene by the time the case was settled.
Awarded: $545,000.00
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: $1,512,000.00
Awarded: $545,000.00
Awarded: $227,000
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