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Location: Short Pump, Virginia
Injuries: Traumatic Brain Injuries
On the Saturday after Thanksgiving of 2020, our plaintiff attempted to cross the street at West Broad toward Short Pump Town Center. A resident of China, she was in the United States visiting her daughter, son-in-law, and 4-year-old granddaughter.
The lights on Broad Street were red when the family began crossing. After the family reached the middle median, they began to cross the westbound lanes. During their crossing, the light for traffic turned green. All of the drivers at the light stayed in place to avoid hitting the pedestrians, but the defendant who was driving up to the intersection proceeded through the green light without looking. He hit the plaintiff, who flew into the air and landed on her head, causing her to suffer extensive brain damage. She is left with no memory of the event and permanent mental deficits.
The defense alleged that the plaintiff was negligent because she should not have proceeded into the intersection after the traffic light turned green. We argued that a pedestrian has the right of way when crossing a road, and that the right of way does not end simply because the light changes in the middle of the pedestrian’s crossing. Both sides agreed to submit the case to arbitration.
The judge agreed with Allen & Allen and awarded our plaintiff $1,400,000.