Defense Verdict in Serious Injury, Rear-End Accident
September 2018, Scott Macdonald and Bryan Thomas secured a defense verdict in Norwalk. The plaintiff was a passenger in a vehicle driven by her mother. The accident occurred on Interstate 5 in Norwalk in an area that has been under construction for years. Defendants were the driver and company operating a dump truck that was hauling debris from the job site. Defendant’s vehicle was attempting to enter the construction site which was adjacent to the fast lane on the freeway. Plaintiff’s mother rear-ended the dump truck. Plaintiff sustained a serious fracture to her femur which required multiple surgeries.
Plaintiff contended that the dump truck made an unsafe left turn from the number two lane across the number one lane. Plaintiff contended that they could not avoid striking the dump truck. Defendant contended that he was turning from the number one lane into the center median and was rear-ended. Both sides employed the services of accident reconstruction experts. While the jury found that defendants were negligent, the jury decided that defendants were not a substantial factor in causing harm to plaintiff.
Plaintiff sought $3.5 million from defendants. Defendants had made a C.C.P. Section 998 offer of $125,000 to plaintiff prior to trial.