The family of the man killed in a May 25 Barracks Road traffic accident is now suing the driver police say caused the crash in a wrongful death lawsuit.
Andrew Middleditch, 55, was turning left when officers say Lonnie Branham, 78, attempted to pass him. The cars collided and Branham crashed into a ditch. He died at the scene.
The suit by Branham’s family alleges two counts of negligence by Middleditch, who is currently charged with driving under the influence for his 0.18 BAC on the morning of the crash. Middleditch also has a DUI on his record from 2011 and completed VASAP for his first offense, which, as the suit says, made him acutely aware of the illegality and danger of his actions.
“Nevertheless, he still chose to get behind the wheel despite being severely intoxicated at 8am on a Monday morning, Memorial Day, and his choices resulted in Mr. Branham’s death,” the suit says.
The family is asking for $1.5 million in compensatory damages and $350,000 in punitive damages. Middleditch still faces involuntary manslaughter and DUI charges and will appear in Albemarle County General District Court September 24.