Trial Magazine

John and Jane Doe went to pick up take-out food for dinner. While stopped at a traffic light on a residential street, they were struck head-on by a van operated by a city employee, who had allegedly passed out from either exhaustion or an epileptic seizure while driving 70 mph. The Does suffered fractures that necessitated surgeries, as well as soft tissue injuries. Their medical expenses totaled $238,000.

Jane Doe, a driver for a medical provider, was out of work for many months. John Doe, a driver for a city, also missed several months of work. Their total lost wages were approximately $40,000.

The Does sued the city, alleging liability for the collision. They claimed that although the van’s driver had a long history of seizures and was noncompliant with his epilepsy medications, the defendant failed to investigate this before it allowed him to drive a city van.

The defense denied having any knowledge of the driver’s medical condition and argued that a sudden medical emergency had caused the collision.

The parties settled for $950,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. Nov. 5, 2020).

Plaintiff counsel: AAJ member Adam H. Lotkin and Gina Montgomery, both of Norfolk, Va.