Family Launches $2.3 Million Wrongful Death Suit Against Fatigued Driver in Chesapeake, VA

By John Cooper, Virginia Beach Personal Injury Lawyer

Fatigue can be a killer on the roads. Sadly, this proved to be the case in a crash in Chesapeake, VA on August 15, 2011, when a driver who had been up all night claimed the life of a 58-year-old from Moyock, North Carolina.

Now the family of the dead man, Theodore Cherry, have launched a $2.3 million lawsuit against, the 26-year-old and his insurance company.

See this video about drowsy driving.


As Chesapeake wrongful death attorneys, our thoughts are with the family of this victim who lost his life on South Battlefield Boulevard in Chesapeake, according to the Virginian-Pilot. His wife was seriously injured at the scene.

The 26-year-old admitted reckless driving and has been sentenced to six months in jail.

The Virginian-Pilot reported on a plea deal in which the driver said he worked from 6 p.m. until 6 a.m. overnight on Aug. 14 and Aug 15, 2011 and went to Busch Garden afterwards instead of getting sleep.

“Instead of going home and going to sleep, he put everyone at risk,” Philip Geib, the Cherry’s attorney told the newspaper.

Our experienced Chesapeake, VA accident injury attorneys have reported on numerous cases in which drowsy driving has claimed lives, including a bus crash near Richmond, VA in 2011 in which a driver fell asleep at the wheel and crashed the bus, killing four people, according to investigators.

Drivers should avoid getting in their cars if they are sleep deprived and, if there is no alternative, they should make regular stops and drink strong coffee.



The Norfolk and Virginia Beach based personal injury law firm, Cooper Hurley, handles car, truck, and motorcycle injuries as well as brain injury, wrongful death, railroad workers’ injuries (FELA) mesothelioma and medical malpractice. John Cooper and Jim Hurley have over 40 years of combined experience in handling auto injury accident claims. Attorney John Cooper has been named to Virginia “Super Lawyers” since 2010 and has been a member since 2011 of the Multimillion dollar Advocates Roundtable. Cooper Hurley represents people hurt in accidents in Norfolk, Virginia Beach, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News and throughout VA, and always put the best interests of our clients first. The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. If you need help or advice about a serious injury, please call us (757) 455 -0077. For a free consultation with a specialized Hampton Roads, Virginia personal injury lawyer contact us through this website



About Cooper Hurley Law

Experienced personal injury attorneys John Cooper and Jim Hurley are the partners of the Cooper Hurley Injury Lawyers. They are joined by attorneys Griff O'Hanlon and Bill O'Mara. The firm has a main office in Norfolk and client meeting locations in Virginia Beach, Chesapeake, Hampton, Newport News, Suffolk, Hampton, Portsmouth and the Eastern Shore of Virginia. Cooper Hurley works with clients who have been injured in car, truck and motorcycle accidents, those who have lost a loved one in a wrongful death, and people hurt at businesses and by dangerous products.
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