On September 12, 2012 Dominick Schiavone was riding an Omega Quest bicycle northbound along the berm of U.S.Rt. 23 in Delaware County. Dr. Elizabeth Unk was driving northbound on U.S. 23 in her 2007 Chrysler Pacifica. According to the police report Dr. Unk “…traveled off the right side of the road and stuck …” Mr. Schiavone.
The investigating trooper noted that Dr. Unk’s Pacifica suffered “moderate contact damage” to the front and the “windshield was smashed.” I have ordered the OSHP photos and will post some when they arrive.
Mr. Schiavone was clearly injured – bleeding at the scene. Unfortunately, there is virtually nothing I can find on the InterBlawg about this crash, how Mr. Schiavone is doing, whether he brought a civil claim, or what his current status is. Since there appears to be evidence of alcohol, Dr. Unk could be subject to punitive damages [damages to punish] as well as compensatory damages. While auto insurance should cover compensatory damages, punitive damages come out of your own pocket.
Two witnesses at the scene indicated in their statement to OSHP that Dr. unk was intoxicated at the scene. One witness wrote that “…an overwhelming smell of ETOH was all over her…” while another wrote Dr. Unk “…smelled like severe alcohol…” Several witnesses noted that Dr. Unk didn’t remember where her car was, and was asking people at the scene what they saw.
I have not received the alcohol report yet. However, on May 17, 2013 Dr. Unk was indicted on three counts:
– Aggravated Vehicular Assault [3rd degree felony]
– DUI [1st degree misdemeanor]
– DUI with a BAC of 0.17% [1st degree misdemeanor]