RRD Partner Michael R. Young won a defense verdict in a jury trial arising out of an alleged collision between a van and a pedestrian. The defendant passed away during the pendency of the lawsuit and his estate was substituted as the party defendant. As a result, there was only limited evidence to rebut the plaintiff’s testimony that he was standing in a parking lot talking to his friend when the defendant, while reversing his van out of a parking space, backed into him forcing him to the ground. The plaintiff alleged that he sustained multiple injuries including an epicondyle fracture, neck sprain and multiple cuts/bruises. The plaintiff produced a witness who corroborated his account that a van hit him in the same parking lot on the same date and that he suffered multiple injuries. Despite plaintiff’s testimony that the defendant exited the van after the incident, Attorney Young was able to raise some questions as to whether the incident happened as alleged by the plaintiff. Attorney Young was able to create some inconsistences between the plaintiff and witness’ account that cast doubt on the veracity of plaintiff’s claims. Attorney Young also was able to use the limited evidence to convince the jury that the appropriate ruling was in favor of the defendant.
In closing argument, the plaintiff asked the jury for $100,000. The jury returned a verdict for the defendant in less than two hours.