The accident occurred during the afternoon of February 26, 2010. The plaintiff was sitting at a light on Sunrise Valley Dr. waiting to turn left onto Wiehle Ave when she was struck on the left side by a vehicle that had run a red light. The defendant was driving the vehicle. Prior to the accident she was traveling from her home in Prince William County to her office in Reston but went to the hospital following the accident.
She had mostly soft tissue injuries and treated conservatively for about a year. She received care from chiropractors, physical therapists and pain management specialists.
The Defendant’s conduct was so willful and wanton that it showed a conscious disregard for the rights of the Plaintiff. The Defendant was intoxicated at the time of the accident. The Defendant was found in possession of illegal drugs at the scene of the accident. The Defendant assaulted a responding law enforcement officer at the scene of the accident. The Defendant unreasonably refused to submit to a test of his blood alcohol content as required by Virginia Code § 18.2-268.2. The Defendant was subsequently charged and convicted of Driving While Intoxicated under Virginia Code § A18.2-266. The Defendant’s intoxication was a proximate cause of the injuries to the Plaintiff.
At deposition the defendant testified that he had drank 6-8 "shots" for breakfast; knew that this would impair his driving; knew that he was a danger, and chose to drive anyway.
Months after the accident the defendant posted notes on his open Facebook page, bragging about how many alcoholic drinks he consumed in a weekend.
The defendant served 15 days in jail.
