MOTOR VEHICLE LAW: Trial Court denies Motion to Strike statutory recklessness count, finding jury could find recklessness based on conduct alleged
The trial court denied defendant’s Motion to Strike the statutory recklessness count in a rear-end…
Jackson O’Keefe congratulates partner Philip R. Dunn, Jr. for obtaining a defendant’s verdict on September 25, 2019, in the matter of Santos v Johnson CV-176074184.
This rear end collision in a parking lot resulted in a claim for $12,000.00 in medical bills and a 5% PPD rating to the plaintiff’s cervical and lumbar spines. Attorney Dunn challenged the severity of the impact which resulted in scratches to the involved vehicles. The plaintiff’s claim that she was thrown into her steering wheel was refuted by the defendant’s testimony that the plaintiff’s vehicle did not move and described the impact as a “rub” at less than one mile per hour.
Attorney Dunn also exposed the plaintiff’s three prior claims for similar injuries and the fact that she had ongoing treatment with pain management as recently as one week before the parking lot accident. Attorney Dunn illustrated the plaintiff’s efforts to hide her ongoing pain management treatment from her chiropractors and her parking lot accident from her pain management doctor. Finally, Attorney Dunn revealed to the jury that the plaintiff claimed her pain management treatment in both her prior suit and the parking lot accident.