Excerpt from Virginia Lawyers Weekly – January 16, 2012
Plaintiff was a 37-year-old police officer with a local police department. The accident occurred in April 2007 when she was on her way home from an off-duty private security job. As she was approaching the intersection of Belvidere and Broad Street in the city of Richmond, she noticed a vehicle approaching from her right which appeared to be weaving in and out of its lane. Suspecting the operator to be intoxicated, she stopped her vehicle in the middle of the intersection to avoid a collision. The DUI driver was also able to bring his vehicle to a stop prior to a collision.
Approximately 10 to 20 seconds later the plaintiff was struck in the rear by another vehicle. Plaintiff filed suit against both the DUI driver and the driver that struck her. The DUI driver admitted liability prior to trial but argued that the other defendant was equally responsible. The other defendant denied responsibility for the collision and argued a sudden emergency defense.