Vol. 59 No. 9

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Pedestrian struck in marked crosswalk

September 2023

Patrick McKenzie, a 54-year-old cancer survivor, was crossing a street in a marked crosswalk in Charlottesville, Va. Alexander Ikefuna, who was operating a city-owned vehicle in the course and scope of his employment, struck McKenzie, who was later diagnosed as having suffered a concussion, which led to PTSD and depression. He was also diagnosed with post-traumatic hydrocephalus, severe growth hormone deficiency, and excessive daytime sleepiness. His medical expenses were approximately $220,000.

McKenzie sued Ikefuna and the city, alleging negligence and vicarious liability. The plaintiff did not claim lost income.

The parties settled for $5 million, paid by the defendants’ insurer.

Citation: McKenzie v. Ikefuna, No. CL20-98 (Va. Cir. Ct. Charlottesville Nov. 17, 2022).

Plaintiff counsel: AAJ member Kevin W. Mottley and Benjamin P. Kyber, both of Richmond, Va.; and AAJ members Jonathan T. Wren and Robert E. Byrne Jr., both of Charlottesville.