VA Supreme Court Issues Decision in Wrongful Death Case

Jan 23, 2013 | Legal News

The Virginia Supreme Court recently reversed a ruling by a judge from the Charlottesville Circuit Court in a Virginia Wrongful Death lawsuit. In the case of Allied Concrete Company, et al. v. Isaiah Lester, Justice Cleo E. Powell explained that Judge Edward Hogshire’s decision to reduce the jury award in the matter was flawed.

According to NBC 29 News, court documents state that the victim was being driven to work by her husband on Jefferson Parkway in Albemarle County, Virginia. A concrete truck traveling in the opposite direction began to approach at a high rate of speed and the driver of the truck suddenly lost control. The fully loaded mixer then crossed the median of the highway and tipped over, crushing the victims’ vehicle.

The truck driver later pleaded guilty to manslaughter charges. The victim’s husband filed a wrongful death lawsuit against the driver alleging that his negligent actions were directly responsible for his wife’s death. A jury agreed and awarded him a total of $6.2 million for his loss.

Judge Hogshire, who heard an appeal of the case, disagreed with the total award and lowered it to $2.1 million. The Supreme Court found this to be erroneous and ordered the victim’s family be paid the full award.

The Richmond personal injury lawyers with Geoff McDonald and Associates are hopeful the decision in the case will bring some sense of closure to the family of the victim.

Geoff McDonald and Associates: 804-888-8888.


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