Darlene Robinson v. Anthony Manuel Alfonso, et al.

Negligence - Automobile Accident - On November 23, 1994, shortly before midnight, plaintiff was operating a tractor-trailer owned by Schneider Specialized Carriers, Inc. He was proceeding in one of three northbound lanes on Interstate Route 95 in Prince William County on a "very dark" stretch of roadway. The truck stalled and, although plaintiff could not restart the engine, he was able to steer the truck into the right-hand lane of the highway near a rest area.

About the same time, defendant was operating a passenger van at a speed of approximately 55-60 miles per hour in the right-hand lane of the highway. Her van collided with the rear of plaintiff's trailer, and defendant was seriously injured in the accident.

Defendant filed a motion for judgment against plaintiff and Schneider Specialized Carriers, Inc., seeking damages for her injuries, alleging plaintiff's actions constituted willful and wanton negligence. Plaintiff argued that his conduct did not rise to the level of willful and wanton negligence.

Defendant's verdict in the amount of $450,000.

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Affirmed by the Supreme Court of Virginia. See: 514 S.E.2d 615 (Va. 1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by dss.