Pedestrians suffer broken legs when hit in crosswalk at Oceanfront by legally drunk driver
Firm Attorney and Staff:
James C. Lewis, Attorney
Denell Falzon, Paralegal
Julia Hatcher, Legal Assistant
Virginia Beach Circuit Court/ May 2007
On July 30, 2004, plaintiffs DD and JS were visiting Virginia Beach, VA. At approximately 9:10 pm, they 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 that had been originally inserted while he was hospitalized in Virginia Beach. For this reason, DD's medical expenses were much higher.
At the time of the incident, the defendant had a blood alcohol content, or BAC, of .09, DD had a BAC of .11 and JS had a BAC of .08. The attorneys in the case agreed that none of the alcohol related issues would be admissible at the trial.
Key Legal Strategy:
Critical to the injured clients' successfully prosecuting their claims was the fact that they retained a law firm quickly. Our attorney had the entire scene of the accident carefully and thoroughly photographed within several weeks of the accident. This allowed our attorney 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.
The case settled in mediation two days before trial for a total of $545,000.00, with DD receiving $455,000 and JS receiving $90,000.