A Hall County jury awarded $166,000 this week to a Winder woman who was injured in a car crash caused by a drunk driver.
The award included $125,000 for the pain and suffering of Debra Thornton, 57, who continues to suffer pain and loss of motion in an ankle that was broken in an open compound fracture.
The wreck occurred on the afternoon of Jan. 31, 2007, on Candler Road. Jesus Herrera was driving a Chevrolet Tahoe north when he struck a Honda Civic that was stopped to make a left-hand turn, said Thornton’s lawyer, Frank McKay of the Gainesville law firm of Stewart, Melvin and Frost.
The force of the impact knocked the Honda into the oncoming lane, where it struck Thornton’s PT Cruiser. Three passengers in the Honda also were injured, and one had to be airlifted to a hospital.
Herrera, 50, fled the scene of the accident but was caught. He had a blood-alcohol content of .231 grams, nearly three times the legal threshold of DUI, at the time of the 5:30 p.m. crash.
In November 2008, Herrera pleaded guilty to DUI, serious injury by vehicle and other offenses and was sentenced to five years in prison followed by five years of probation.
Herrera was insured, but only carried minimum liability coverage of $25,000, which went to the family injured in the Honda, McKay said.
Thornton has underinsured motorist coverage through her carrier but took the case to court for a jury to decide the amount she should receive.
Herrera, who is serving his prison sentence, was brought to the three-day civil trial each day from the Hall County jail.
“On behalf of the plaintiff, we are pleased with the jury’s verdict,” McKay said. “The jurors recognized the genuineness of Debra’s pain and suffering in their general damages portion of the verdict.”
McKay said the case stressed the need for drivers to have adequate underinsured motorist coverage.
“It’s not required by law, but it is an awfully good idea to have it in order to protect yourself,” McKay said.
The award included $125,000 for the pain and suffering of Debra Thornton, 57, who continues to suffer pain and loss of motion in an ankle that was broken in an open compound fracture.
The wreck occurred on the afternoon of Jan. 31, 2007, on Candler Road. Jesus Herrera was driving a Chevrolet Tahoe north when he struck a Honda Civic that was stopped to make a left-hand turn, said Thornton’s lawyer, Frank McKay of the Gainesville law firm of Stewart, Melvin and Frost.
The force of the impact knocked the Honda into the oncoming lane, where it struck Thornton’s PT Cruiser. Three passengers in the Honda also were injured, and one had to be airlifted to a hospital.
Herrera, 50, fled the scene of the accident but was caught. He had a blood-alcohol content of .231 grams, nearly three times the legal threshold of DUI, at the time of the 5:30 p.m. crash.
In November 2008, Herrera pleaded guilty to DUI, serious injury by vehicle and other offenses and was sentenced to five years in prison followed by five years of probation.
Herrera was insured, but only carried minimum liability coverage of $25,000, which went to the family injured in the Honda, McKay said.
Thornton has underinsured motorist coverage through her carrier but took the case to court for a jury to decide the amount she should receive.
Herrera, who is serving his prison sentence, was brought to the three-day civil trial each day from the Hall County jail.
“On behalf of the plaintiff, we are pleased with the jury’s verdict,” McKay said. “The jurors recognized the genuineness of Debra’s pain and suffering in their general damages portion of the verdict.”
McKay said the case stressed the need for drivers to have adequate underinsured motorist coverage.
“It’s not required by law, but it is an awfully good idea to have it in order to protect yourself,” McKay said.