Trial Magazine

Carmen Flores, 44, attempted to cross a city street on a makeshift crosswalk that had not been restriped after adjacent roadwork. An Arlington County, Va., employee driving a utility truck struck Flores and ran over her as she crossed the street.

Flores suffered severe knee and foot injuries as well as a crushed spinal canal at L1-2. She required spinal and knee surgeries, plus rehabilitation. She regained neurological function after her treatment but can walk only short distances. Her medical expenses were more than $860,500. She missed one year of work, incurring almost $107,600 in lost income.

Flores sued a local road contractor, alleging that its failure to place temporary striping on the new crosswalk created a dangerous condition and constituted a public nuisance. Suit against the truck driver alleged failure to yield to a pedestrian.

The contractor asserted that it had not been required to install temporary striping, a job that was to be done by a third party. The driver contended that the plaintiff had failed to keep a proper lookout and was jaywalking at the time of the incident.

The parties settled for $7.25 million.

Citation: Flores v. Roe Contractor, No. CL-2015-08048 (Va. Cir. Ct. Fairfax Cnty. Oct. 20, 2017).

Plaintiff counsel: AAJ members Peter S. Everett, Robert J. Stoney, Mark A. Towery, Chidi I. James, and Elaine Singerman, all of Fairfax, Va.

Plaintiff experts: Wendell Cover, accident analysis, Bel Air, Md.; Ted Kalriess, highway standards, Paeonian Springs, Va.; Suzanne Groah, rehabilitation, and Rajesh Bhojwani, neuroradiology, both of Washington, D.C.; Sharon Reavis, life care planning, Glen Allen, Va.; and Larry Lynch, economics, Salem, Va.