Family of Woman Killed in Albemarle Files Wrongful Death Suit

Full story: NBC29 Charlottesville

The family of a Lexington woman who died when a van hit her in Albemarle County is suing the driver for $2.5 million in compensatory damages.
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61 - 73 of 73 Comments Last updated Mar 24, 2013
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“Keeping life realistic”

Since: Apr 10

Location hidden

#61 Mar 20, 2013
More to say wrote:
<quoted text>
A busy, heavily trafficked road? From what I see, she was crossing Putt Putt Place, from where the sidewalk ends to the start of sidewalk on the other side. There's a handful of businesses in there, but it's by no means a heavy traffic road. No one should have to run the risk of death in crossing a road like that.
The driver was entering Rio, a road with heavy traffic, but that surely calls for paying more attention, not less.
As I said above, the fact there is substantial sidewalk on either side of the intersection - and indeed along both sides of Rio - should alert any driver to the possibility of pedestrians.
actually, the fact of the matter is, she was NOT crossing at the location you would expect somebody to cross, but actually was in the roadway NORTH of the intersection/stop sign. If she had crossed where the road is marked and there is a stop sign, that would have been a different story. The driver was apparently monitoring traffic coming from the east, and did not see a pedestrian crossing in the middle of the road, before the intersection. Was there a"crosswalk" where she was? No, is there one at the intersection? No. Was there fault on both parties? Sure. But alas, due to the circumstances, you can only go after one party, so lets blame the van driver, who even the police thought was guilty of failure to yield(at best). All these details will be discussed if this silly case even proceeds, and it will all be tossed.
cotaxpayer

Charlottesville, VA

#62 Mar 20, 2013
What about all the EMS providers who tried to save her life that day? How are they to deal with the stress of her dying. They don't ask for compenstation due to the stress they had to endur that day. After all, it was not a marked cross walk. Why aren't they sueing the state and county?
cotaxpayer

Charlottesville, VA

#63 Mar 20, 2013
Kostelni is survived by her husband of 53 years and five children.

Figures: Family members who never offered to give this 75 year old lady a ride to wherever she was going....Great family! They should be held liable for not helping her out.
Truth hurts!
Theo Facts

Charlottesville, VA

#64 Mar 20, 2013
Car versus Human~ car wins!
IF you are the person CROSSING a road, any road, crosswalks or not, you should be the one paying EXTRA EXTRA attention~PERIOD!! This is not about
right or wrong, its about taking all PRECAUTIONS to stay safe.
Driver- is dealing with other traffic, bright sun, distractions of life, biker, dogs, people...
Pedestrains- FOCUS on any vehicle within your sight
as you cross a road.
As stated by another post,
CAR vs. PERSON, person usually loses!
More to say

Charlottesville, VA

#65 Mar 20, 2013
King Ralph wrote:
<quoted text>
If you let your granny cross 29 during rush hour, you are a moron, a poor grandchild, and hopefully will not pass your inferior genes on.
Almost everyone who rides the number 7 bus route will cross 29, often during rush hour.

It's quite possible to do this safely if drivers pay attention and follow the law. Unfortunately, many drivers are like you and think some genes are less worthy than their own.

Many people don't drive, for a variety of reasons. Many of those also value the independence and freedom that riding the city buses affords them. It's quite horrific that you seek to deprive them of that liberty and adopt social Darwinism as a strategy to prevent anyone in future having the audacity to think they might be able to cross a road without fear.
More to say

Charlottesville, VA

#66 Mar 20, 2013
Laughing at the fools wrote:
<quoted text>
actually, the fact of the matter is, she was NOT crossing at the location you would expect somebody to cross, but actually was in the roadway NORTH of the intersection/stop sign.
There's no sidewalk on Putt Putt Pl. when you approach it while walking across Rio from the West. It seems very strange that you suggest she walked down Putt Putt then crossed. if she walked down, she wouldn't be in front of a van turning right onto Rio.

She couldn't cross at the stop sign because, at least looking at Google Street View, there is not one, or was not in October 2012.

Finally, the view to the West for a Van turning right along the sidewalk is excellent. it would be impossible for a van driver who looked along the sidewalk to not notice an approaching pedestrian.

Here's what the intersection looks like, showing how clear a view a vna driver would have of the sidewalk. http://goo.gl/maps/a3Pyw

“Keeping life realistic”

Since: Apr 10

Location hidden

#67 Mar 20, 2013
More to say wrote:
<quoted text>
There's no sidewalk on Putt Putt Pl. when you approach it while walking across Rio from the West. It seems very strange that you suggest she walked down Putt Putt then crossed. if she walked down, she wouldn't be in front of a van turning right onto Rio.
She couldn't cross at the stop sign because, at least looking at Google Street View, there is not one, or was not in October 2012.
Finally, the view to the West for a Van turning right along the sidewalk is excellent. it would be impossible for a van driver who looked along the sidewalk to not notice an approaching pedestrian.
Here's what the intersection looks like, showing how clear a view a vna driver would have of the sidewalk. http://goo.gl/maps/a3Pyw
I can probably retract the stop sign comment. Ironic, that's an intersection I use every week for equipment repair and have never noticed. The point being, the point of impact was north of the lines on the road, which normally indicate the vehicles should stop at that point, and pedestrians would be safe crossing in front of that line. Poor design doesn't leave a lot of room for error between those lines and oncoming traffic, so moving north would be a safer alternative(after all, everyone stops there right?).
Maybe there was a vehicle already stopped, and she attempted to walk behind them? who knows what led up to it. However from the scene itself(and even in the pic that is used in the story), the point of impact is NOT in the "safe" zone.

That intersection can be easy as you stated, until there is a vehicle in the westbound deceleration lane and traffic is obscured, a lot of times I am driving fairly large heavy equipment, and if the traffic doesn't block your view, the trees do.

This isn't the first time somebody has been hit around that area, all the Mallside populous thinks it's fun to dart in and out of traffic to get to the mall, I've certainly been at more than one accident scene in the area of the mall where people thought it was a good idea to cross on foot, jaywalking or not. It rarely ends well.
Again, faults on both sides led to this, not just one.
real central Va Marine

Charlottesville, VA

#68 Mar 20, 2013
Laughing at the fools wrote:
<quoted text>
I can probably retract the stop sign comment. Ironic, that's an intersection I use every week for equipment repair and have never noticed. The point being, the point of impact was north of the lines on the road, which normally indicate the vehicles should stop at that point, and pedestrians would be safe crossing in front of that line. Poor design doesn't leave a lot of room for error between those lines and oncoming traffic, so moving north would be a safer alternative(after all, everyone stops there right?).
Maybe there was a vehicle already stopped, and she attempted to walk behind them? who knows what led up to it. However from the scene itself(and even in the pic that is used in the story), the point of impact is NOT in the "safe" zone.
That intersection can be easy as you stated, until there is a vehicle in the westbound deceleration lane and traffic is obscured, a lot of times I am driving fairly large heavy equipment, and if the traffic doesn't block your view, the trees do.
This isn't the first time somebody has been hit around that area, all the Mallside populous thinks it's fun to dart in and out of traffic to get to the mall, I've certainly been at more than one accident scene in the area of the mall where people thought it was a good idea to cross on foot, jaywalking or not. It rarely ends well.
Again, faults on both sides led to this, not just one.
You can bet there will be a stop sign appearing soon.
King Ralph

Charlottesville, VA

#69 Mar 20, 2013
More to say wrote:
<quoted text>
Almost everyone who rides the number 7 bus route will cross 29, often during rush hour.
It's quite possible to do this safely if drivers pay attention and follow the law. Unfortunately, many drivers are like you and think some genes are less worthy than their own.
Many people don't drive, for a variety of reasons. Many of those also value the independence and freedom that riding the city buses affords them. It's quite horrific that you seek to deprive them of that liberty and adopt social Darwinism as a strategy to prevent anyone in future having the audacity to think they might be able to cross a road without fear.
I greatly adopt social Darwinism in your case because you can't read and think letting a 75 year old cross a busy street is not irresponsible. It's probably a fluke that your family hasn't died out already with that sort of lack of concern.
More to say

Charlottesville, VA

#70 Mar 22, 2013
King Ralph wrote:
<quoted text>
I greatly adopt social Darwinism in your case because you can't read and think letting a 75 year old cross a busy street is not irresponsible. It's probably a fluke that your family hasn't died out already with that sort of lack of concern.
So seniors who are otherwise fit and healthy should be locked up at home? Should only the wealthy who can afford cabs be allowed the freedom to enjoy our city?

As I said, may seniors can't drive but enjoy their freedom. To somehow suggest that exercising their right to cross the street excuses inattentive motorists in mowing them down is idiotic.

My own grandmother was happily crossing busy streets in a much larger city until she was almost 90. Like many others I know, she'd have been devastated had that freedom been taken away from her.
King Ralph

Charlottesville, VA

#71 Mar 22, 2013
More to say wrote:
<quoted text>
So seniors who are otherwise fit and healthy should be locked up at home? Should only the wealthy who can afford cabs be allowed the freedom to enjoy our city?
As I said, may seniors can't drive but enjoy their freedom. To somehow suggest that exercising their right to cross the street excuses inattentive motorists in mowing them down is idiotic.
My own grandmother was happily crossing busy streets in a much larger city until she was almost 90. Like many others I know, she'd have been devastated had that freedom been taken away from her.
You really are an impressive sort of idiot.

That's just as idiotic as knee jerking saying denying people with heart conditions from skydiving is the same as locking them up in rooms blah blah whatever retarded comparisons you're making.

I hope your entire family plays in traffic so this is the last generation that will experience the massive, unadulterated ignorance that you exhibit.
G Luv

Charlottesville, VA

#72 Mar 24, 2013
"If you let your granny cross 29 during rush hour, you are a moron, a poor grandchild, and hopefully will not pass your inferior genes on."

You take an untenable position, try to twist it to absurdity, and then attack others when they point out your foolishness.

Fascinating.

It's ironic that you toss around the words "idiot" and "moron" so freely.
King Ralph

Charlottesville, VA

#73 Mar 24, 2013
Trash identifies with trash I guess. Do something stupid out of inability to forward think at all, then defend it to the death because hey, as long as you don't admit you're wrong you can justify it to yourself.

Or to translate to your speak, "You take an untenable position, try to twist it to absurdity, and then attack others when they point out your foolishness."

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