Jury Verdict Submission & Research

April 21, 2016 - On Feb. 27, 2012, at 12:05 p.m., Dennis Cash was working the accident scene of an overturned gravel truck on State Route 130 on Snowden Mountain.  The owner of a family garage in Madison Heights, Dennis was working with a crew at the site that included two of his sons. The Virginia Department of Transportation (VDOT) took control of the accident scene and, with an on-site contract "Incident Coordinator," assumed responsibility for the flow of traffic at the scene. VDOT personnel allegedly allowed a 71-foot-long tractor-trailer driven by Rodolfo Pacheco through the accident scene, despite being aware that Pacheco's tractor-trailer exceeded the maximum allowable length for the mountain road by six feet. At the time, Pacheco was also allegedly over the federally mandated maximum hours he could work without a mandated break by nearly 10 hours. VDOT workers waived Pacheco's tractor-trailer into the single lane of traffic open through the accident scene. As Pacheco attempted to negotiate around a heavy-duty wrecker that extended into his travel lane, Pacheco's trailer off-tracked. The off-tracking trailer trapped Cash between it and the wrecker, rolled Cash down the length of the wrecker, and crushed him to death.

Plaintiff Audrey Cash, as Personal Representative of the Estate of Dennis Cash, filed a complaint in the Circuit Court of Amherst County, Virginia, on Oct. 31, 2013, asserting negligence and negligence per se claims against defendants Pacheco and Grizzly Bear Express. Plaintiff alleged simple and gross negligence against defendants Commonwealth of Virginia, Debbie Smith, and Marvin Tweedy, the on-scene Incident Coordinator. Defendants claimed that plaintiff's decedent was contributorily negligent, having been located along the wrecker as traffic was passing.

On March 9, 2016, the parties reached a settlement of $1,900,000. The settlement order specifically stated that Dennis Cash was not at fault in causing the accident. According to plaintiff's counsel, James Neale: "This case was very aggressively litigating from the beginning. Defendants filed demurrers and motion to transfer venue at the outset. They took more than 30 depositions in discovery and then filed pleas in bar on workers' compensation, multiple motions for summary judgment, motions to exclude plaintiff's expert witnesses and multiple motions in limine. After two continuances, and after each of defendants' motions was denied, the case settled on the evening before trial was to begin for a sum that is believed to be a record wrongful death settlement in Amherst County."

Plaintiff was represented by James F. Neale of McGuireWoods LLP. Pacheco and Grizzly Bear Xpress were represented by Jeffrey T. Salb of Taylor Walker, P.C. The Virginia Commonwealth (VDOT) defendants were represented by Christian Parrish of the Attorney General’s Office. Tweedy was represented by Lisa Kent Duley of Law Offices of Mark J. Beachy. For more information on this case, including expert information, please see the full summary on Lexis Advance: Audrey Cash, Administratrix of the Estate Of Claude Dennis Cash, v. Rodolfo Pacheco, Jr., Individually, Rodolfo Pacheco, Jr., d/b/a Grizzly Bear Xpress, Marvin Tweedy, Debbie Smith, and Commonwealth of Virginia; 2016 Jury Verdicts LEXIS 2194.