From Virginia Lawyers Weekly – March 6, 2006
The plaintiff stopped at a red light prior to entering an intersection. When the light turned green, she proceeded into the intersection and was struck by the defendant.
The defendant was traveling in the opposite direction from the plaintiff. The defendant told the investigating officer that he had a green light and was turning left as he entered the intersection. The plaintiff sustained a left femur fracture and permanent scarring from the subsequent surgery.
The plaintiff did not remember the accident. She testified at trial that the last thing she remembered was proceeding into the intersection after the light turned green. A passenger riding with the plaintiff also testified plaintiff had a green light. However, the passenger did not see the defendant’s vehicle prior to the impact as she was looking out of the side window when the collision occurred.
The passenger further testified that the plaintiff never turned or moved out of her lane of travel prior to the impact. Although the plaintiff’s treating orthopedic surgeon was scheduled to testify at trial, he did not make it due to an unexpected surgery. However, plaintiff elected to proceed without any medical expert testimony as the defense had admitted the medical bills and causation.
The defense argued that the plaintiff had not proved her case because the plaintiff did not remember getting hit and could not say where she was in the intersection when the collision occurred.
Plaintiff argued that the fact that the defendant turned left in front of plaintiff’s oncoming vehicle, coupled with her passenger’s statement that the plaintiff never turned or moved out of her lane, was sufficient for finding the defendant negligent.
The jury deliberated approximately 30 minutes before returning its verdict of $300,000.00.