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Virginia Supreme Court upholds $10.2 million jury verdict in auto accident brain injury case


Posted on Mar 26, 2009

In 2003 Lynn Zoll, 60, was riding in a Jeep on Interstate 295 in Hanover County when the vehicle was hit from behind by a tractor-trailer.  As a result of the accident, the Jeep rolled over three times and Zoll suffered a brain injury.

 

A Virginia jury awarded Zoll $10.2 million in the case – believed to be one of the largest personal injury verdicts that year.  The defendant in the case, Omaha, Nebraska trucking firm Werner Enterprises Inc., appealed the case.

 

The defendant claimed that Zoll had already sustained significant brain damage prior to the incident with the tractor-trailer.  In 1997 she fell on a patch of ice, causing a brain injury.  In fact, Zoll was on her way to a brain injury conference when the incident with the Jeep occurred.

 

However, the Virginia Supreme Court has ruled that there was no error in the original August 2008 Norfolk Circuit Court trial that resulted in the jury award.  The defendant’s appeal was denied, and the award stands.

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