Attorney
Type of action: Wrongful death
Injuries alleged: Death resulting from internal injuries
Name of judge or mediator: Judge Diane McQ. Strickland (Ret.)
Date resolved: 2/15/2024
Verdict or settlement: Settlement
Amount: $2,300,000
Attorneys for plaintiff: Peter C. DePaolis and Julie H. Heiden, Fairfax
Description of case: This case involved the death of a 32-year-old single mother of two girls, ages 7 and 4, who was killed when struck by a commercial vehicle while driving to work on a rural road. The defendant vehicle attempted a left turn, pulling out in front of the plaintiff, causing a horrific collision. She was trapped in her vehicle for over 30 minutes while both passersby and rescue personnel tried to assist her. Video of both the collision and the plaintiff in her vehicle struggling to breathe following the collision was powerful evidence for the case. Autopsy toxicology reports were all negative.
The defense raised the issue of contributory negligence because the decedent was driving at 67 mph in a 55-mph zone. Virginia State Police did an excellent job investigating the case. Both plaintiff and defendant had accident reconstruction experts. A focus group was utilized to help develop a strategy for presenting the case to a jury.
Plaintiff retained a child psychologist to testify as to the long-term challenges the young daughters face due to the loss of their mother. This case was mediated prior to litigation with Judge Diane McQ. Strickland, who was extremely helpful in reaching a settlement of $2.3 million. Annuities were utilized to provide financial security for the two children.
Read the full article on Virginia Lawyers Weekly here.