24 Dec Virginia: Auto Crash – A Lawyer’s Fentanyl
By letter opinion on December 9, 2019, Circuit Court for Colonial Heights found the Plaintiff car collision victim’s Complaint “sufficient to state a common law and statutory claim [under Va. Code §8.01-44.5] for punitive damages” against the Defendant offending driver. Id. at 4. Notably, the Court rejected that §8.01-44.5 was limited to cases of alcohol intoxication, id. at 3-4; and found that a motorist impaired by Fentanyl who drove at a high speed and in the wrong lane against oncoming traffic may be guilty of the required willful or wanton negligence too. Id. at 4-5.
Hence Demurrer was denied. The personal injury case is McCray v. Bollinger, No. CL19-452.
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