Family of teen killed in crash gets $5.25M

CHARLOTTESVILLE — An Albemarle County jury awarded $5.25 million on Friday to the parents and sibling of a 16-year-old county girl who was killed in a car accident in 2008.

The jury found that Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour were negligent when Barbour hit Sydney Aichs’ 1999 Chevrolet Cavalier with a tractor-trailer while running a red light on May 9, 2008, at the intersection of U.S. 29 and Ashwood Boulevard. The verdict came after a two-day civil trial in Albemarle Circuit Court.

Barbour pleaded guilty to involuntary manslaughter and reckless driving earlier this year and was sentenced to a two-year active prison sentence. Aichs’ parents, Clinton and Michele Aichs, filed a $15 million lawsuit against all of the defendants in October 2008 that accused them of negligence and requested punitive damages.

Three hours passed before the jury reached a decision Friday evening. From his seat at the plaintiff’s table, Clinton Aichs began to sob when Circuit Judge Cheryl Higgins read off the verdict - $1.75 million each for him, his wife and son Kyle.

He embraced his wife, who was also crying, over the barrier separating the audience from the main part of the courtroom after the final juror headed toward the door. Kyle Aichs and lawyer J. Gregory Webb joined in on the hug.

Webb said his clients felt vindicated.

“We are very pleased the jury came back with the verdict,” Webb said. “I think it’s the right verdict ... we are thankful for the jury’s thoughtfulness.”

John Zunka, the Charlottesville attorney who represented Barbour and his former employer, declined to make further comment and didn’t speculate on whether his clients would seek an appeal.

The lawsuit accused Barbour of not slowing down when he approached the northbound lane of the intersection, which is partially hidden from afar by a hill. Aichs was making a left turn onto U.S. 29 southbound when her car was hit by the tractor-trailer. The complaint claimed Barbour’s employers didn’t train or supervise Barbour adequately and allowed him to drive a rig with defective parts.

Clinton Aichs was the final plaintiff witness on Friday morning. He testified how hard life has been for his family, who can’t even get away from their loss at the store.

“[One of us] will use a credit care at [a store] and someone will see the name and say, ‘isn’t’ that the girl who died at the intersection,’” said Aichs, noting that he either has to lie or risk the person feeling guilty when they find out to whom they are speaking.

During Friday’s proceedings, the judge granted a motion to strike punitive damages against Barbour because his actions didn’t meet all of the required thresholds of negligence.

Tasha Kates is a staff writer for the Daily Progress in Charlottesville.