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May 23, 2018

$3-million lawsuit filed in deadly Remington wreck

Photo/Remington Volunteer Fire & Rescue
Medical helicopters wait after the November 2016 wreck to fly the three Legg children — ages 5, 6 and 8 — from Remington to Inova Fairfax Hospital’s trauma center.
Jared and Susie Legg with their children: Anna, Isaac and (front) Samuel.
By .(JavaScript must be enabled to view this email address)
Staff Journalist
A New Baltimore girl seeks $3 million in damages because of injuries she suffered in a November 2016 traffic accident near Remington that also caused the death of her younger brother.

Through her father, Anna Legg on Jan. 18 filed a three-page lawsuit in Fauquier County Circuit Court against Felicia Ann Arbujo and Cincinnati-based Allied Cash Advance and affiliated companies, which specialize in so-called “payday” and vehicle title loans.

The lawsuit names the companies as defendants because it alleges that Ms. Arbujo worked as an “agent, representative and/or employee” of the company when the accident occurred.

Manassas lawyer Kevin L. Locklin represents Ms. Legg.

Establishing whether Ms. Arbujo had been “in the scope of (Allied Cash Advances’s) employment” at the time of the accident will be critical to his client’s case, Mr. Locklin explained in a phone interview this week.

If he does so, Allied Cash Advance’s “insurance coverage is available, because (Ms. Arbujo) had minimal coverage,” the lawyer said.

Ms. Legg also has and will continue to incur medical expenses because of the injuries, according to her lawsuit.

Ms. Arbujo’s insurance wouldn’t begin to pay those costs, Mr. Locklin said.

The defendant’s Facebook page still identifies her as an Allied Cash Advance store manager.

Providing no specifics, the lawsuit states that Ms. Legg, 10, “was severely and permanently injured, has suffered pain of body and mind (and) will suffer pain of body and mind in the future” as result of the accident on Route 29 near Freemans Ford Road.

The 2016 accident that also resulted in Samuel Legg’s death took place the day after Thanksgiving.

Samuel died three days later at Inova Fairfax Hospital.

His older brother Isaac — 6 at the time — suffered a concussion in the fatal wreck.

Southbound on Route 29 near Remington, Jared and Susie Legg and their three young children sat in their 2010 Honda Odyssey van, waiting for the light to turn green.

A 2009 Dodge Journey SUV driven by Mrs. Arbujo suddenly slammed into the minivan and drove it into the median.

In March 2017, Fauquier County General District Court Judge J. Gregory Ashwell convicted Ms. Arbujo of reckless driving in the death of 5-year-old Samuel Legg.

Judge Ashwell sentenced her to 12 months in jail, fined her $2,500 and suspended her driver’s license for six months — the maximum penalties allowed for the misdemeanor conviction.

Ms. Arbujo appealed her conviction to the Fauquier County Circuit Court. But a jury last July 31 found her guilty and imposed the same sentence, which immediately began that day.

Filed with the circuit court clerk’s office, the Legg lawsuit alleges that Ms. Arbujo:

• “Negligently and carelessly operated her vehicle” to cause the accident.

• “Failed to maintain proper control of her vehicle.”

• “Failed to pay proper attention.”

• “Failed to operate her vehicle at a reasonable speed under the circumstances and otherwise comply with applicable rules of the road.”

Ms. Arbujo, who lives in Winchester, couldn’t be reached for comment.

Fairfax lawyer Heather K. Bardot, who represents Allied Cash Advance and related companies, declined to comment on the case.

But Ms. Bardot’s five-page response to the lawsuit denies all of the allegations, demands proof of them and/or contends that her clients “lack knowledge to respond” to the charges.

A Fauquier jury two years ago awarded a $6 million judgment to survivors of Goldvein resident Jacklyn B. Butler whom a drunken driver killed in 2013.

In September 2014, a jury convicted Dwayne E. Baker of manslaughter.

The judge that December followed the jury’s recommendation and imposed a six-year prison sentence.

Mr. Locklin, who lives in Warrenton, represented Ms. Butler’s family in the subsequent civil suit.
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