Driver Successfully Defended in Rear-End Collision
Barclay Damon defended an individual in Cayuga County who was sued for personal injuries stemming from an automobile accident on the New York State Thruway. Our client rear-ended the plaintiffs' vehicle causing plaintiffs' vehicle to roll over four times. Barclay Damon did not dispute that the plaintiff was severely injured as he sustained, among other things, a broken neck resulting in the need for two surgeries by a neurosurgeon and one of his fingers had to be amputated because it was damaged beyond repair. Prior to Trial, the plaintiff demanded $650,000.00 to settle the lawsuit. The parties could not agree on a settlement so six day jury Trial was held in Cayuga County Supreme Court. During the Trial, we presented evidence to the jury that despite the fact our client struck the plaintiffs' vehicle from behind, which almost always results in a negligence finding against the person who caused the impact, our client had a non-negligent explanation for the collision (i.e., plaintiffs' own "road rage" was the substantial factor for the impact). The jury agreed and after deliberating for less than one hour, it issued an unanimous verdict in favor of our client and the plaintiffs received no compensation. This verdict was subsequently upheld by the Appellate Division, Fourth Department.
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