ROANOKE TIMES 

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 16, 1990                   TAG: 9003162326
SECTION: VIRGINIA                    PAGE: B-4   EDITION: BEDFORD/FRANKLIN 
SOURCE: 
DATELINE: HARRISONBURG                                LENGTH: Short

JURY AWARDS $525,000 FOR PREMATURE BIRTH

A man whose child was born prematurely after a head-on collision with a drunk driver has been awarded $525,000, but probably will recover only about $60,000, his attorney said.

The Rockingham County Circuit Court jury's verdict was the largest personal injury and punitive damages judgment in the county's history, Court Clerk Wayne Harper said.

The case went to trial Tuesday, and the jury returned with its verdict around 11 a.m. Wednesday.

Martin Luther Driver III of Mount Solon sued Keith David Moyers of Bridgewater following an accident in November 1985 on Virginia 730, said David Penrod, attorney for the plaintiff.

Driver and his wife, who was six-months pregnant, were en route to a church supper when a vehicle driven by Moyers crossed the center line and struck the Driver vehicle, Penrod said. Moyers was found to have a blood alcohol level of .26, he said. The statutory limit is .10.

The Drivers' daughter, delivered prematurely the night of the accident, was born with cerebral palsy. Her medical expenses to date are $175,000, Penrod said.

The court awarded Driver $75,000 in personal injury damages and compensatory damages for his daughter, $50,000 in punitive damages and $400,000 in provable medical expenses, incurred and anticipated for his daughter. Penrod said about $60,000 in coverage remains on the defendant's insurance policy after other claims are paid. - Associated Press 


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