RRD Associate Michael R. Young won a defense verdict in a jury trial arising out of a collision between a truck and a motor vehicle at gas station. Attorney Young’s client was operating a vacuum truck at a gas station and was involved in a head on collision with the plaintiff’s vehicle while exiting the parking lot. The operator of the truck passed away prior to the filing of the lawsuit and the lawsuit was filed against the owner of the vehicle. As a result, there was no direct testimony to rebut the plaintiff’s testimony that he was entering on the right side of the gas station and was already established in the entrance when hit by the defendant. However, Attorney Young was able to fashion an argument with physical evidence, photographs and common sense that the defendant was actually in a different location than that claimed by the plaintiff and, in fact, had the right of way.
The plaintiff received an extensive course of medical treatment for lower back and neck injuries. Prior to trial, the plaintiff was seeking to claim the need for future lumbar surgery as part of his claimed damages, but these claims were precluded by the court as a result of a defense motion. At trial, the primary claim by the plaintiff was that he sustained lumbar spine disc herniations that affected his ability to walk and participate in various activities. The plaintiff’s medical bills exceeded $25,000, and he claimed that he will need regular future medical treatment for his lower back.
In closing argument the plaintiff asked the jury for $250,000. The jury returned a verdict in favor of the defendant in less than one hour.