the driver’s passenger side, shattering the glass, the jury found the race’s director and sponsor liable for the injuries and death in both cases.

Plaintiff’s counsel in the driver’s injury case did not believe the cyclist was at fault in causing the crash, even though he struck the car broadside. The jury in the biker’s case against these same defendants case came to the same conclusion in an earlier trial and awarded $500,000 in damages. The collision occurred at 9 a.m. on a Sunday when the University students were on summer break. The triathlon was held at a time when the roads typically had little traffic. The driver was on her way to church when the triathlete’s bike smashed into the side of her car. The crash occurred at one of only two intersections on the triathlon’s cycling course in which the cyclist did not have the right of way. A policeman was stationed at the other intersection, which was controlled by a stoplight.

However, there was no policeman to control traffic at this intersection. There was also no warning signs for cars. The plaintiff contended that the absence of control was due to the failure of the town to notify the University police of the triathlon. The intersection is on the college campus, and University police would have been responsible for monitoring the intersection if the triathlon director and sponsor had coordinated the race with the university. Testimony was presented that the competitors were told that the course was not closed and instructed to follow all traffic signs during the bike portion of the triathlon.

Plaintiff’s counsel maintained that the instructions made little sense, especially at the intersection where the collision occurred. The injured cyclist was probably descending the hill at that point on the triathlon course at more than 30 mph with a limited sight line to traffic at the fateful intersection. Three competitors who testified for the town stated they had slowed, but did not stop, at this same intersection. Jeremy Davis of SetUp Inc., (now “Set-Up Events”) a company that organizes triathlons throughout Virginia and the South Eastern part of the United States, testified as an expert witness in the trial. Triathlon Trial Lawyer Doug Landau has competed in over a dozen Set-Up Event races, and they are well-run, safe events with a broad range of athletes. Davis indicated that the intersection should have been monitored by a policeman to control automobiles and a marshal to supervise cyclists. The jury apparently agreed, and found for the plaintiff, and against these same Defendants once more.