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Personal Injury/Wrongful Death Award Against town of Blacksburg

By Ben Glass

A Montgomery County Circuit Court judge ordered the reduction of a $350,000 personal injury/wrongful death jury award against the town of Blacksburg that stemmed from a fatal car crash. The 8-year-old liability suit may have been reignited by the ruling.

On October 17, Judge Ray Grubbs reduced the damages owed to Sharon Knight, of Blacksburg, to $50,000, but denied the motion of the town to set the jury verdict aside.

However, the case is likely to continue, as Knight’s attorney said that she may appeal to the Virginia Supreme Court and the attorney for Blacksburg said that the town would counter-appeal if she does.

Knight had filed a civil suit against Blacksburg and the director of the Third Annual Greater Blacksburg Triathlon, held in 2000, alleging negligence for their failure to warn passing motorists of the race course.

Triathlon participant Gary Wayne Taylor, 30, of Lynchburg, died midway through the competition after his bicycle crashed into Knight’s car.

In January, Knight testified to a jury that she had to seek counseling more than a year after the accident because of the nightmares and other trauma-related symptoms she suffered and asked for $750,000 in damages. The jury found that the town was negligent and awarded her $350,000.

The town argued that the jury’s verdict should be set aside on several legal grounds, including whether or not the town should be granted immunity. Grubbs noted that Blacksburg is not immune from the claim. However, he said the accident did not cause Knight any lasting physical injuries and her mental and emotional trauma were resolved within six months, so the award was out of proportion.

Originally posted at InjuryBoard by Ben Glass

Full post as published by Northern Virginia Personal Injury Lawyer on November 01, 2008 (boomark / email).