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Complete Defense Verdict of No Liability in Trial of Automobile Negligence Case

Kendra Therrell, of the Fort Myers office, recently obtained a complete defense verdict of no liability in an automobile negligence case. This was a true “he said/she said” case with disputed liability and vastly different versions of events in an accident involving a Defendant driver and Plaintiff bicyclist. Kendra’s client, the Defendant, was making a right hand turn at a busy intersection. He stopped at the stop bar, then inched up to gain better visibility to his left, at oncoming traffic. When first looking to the right, the Defendant observed the Plaintiff bicyclist a good distance away. Upon a second look to his right while waiting on traffic to clear, the Plaintiff bicyclist was closer, but still not close to the crosswalk. The Plaintiff bicyclist was talking on a cell phone and motioned with her hand and head for the Defendant to proceed. Then, unexpectedly, Plaintiff continued forward and collided with Defendant’s car. Plaintiff disputed all of this, contending the accident was Defendant’s fault. Over the course of 28 months, Plaintiff treated with chiropractic care and pain medication for alleged cervical bulges and a lumbar protrusion and testified at trial that she has constant neck and back pain related to the accident, which limits her activity. In closing, Plaintiff asked the jury for approximately $75,000.00 in total damages. However, during the defense closing, Kendra emphasized Plaintiff’s inconsistent testimony and the many areas in which she had impeached Plaintiff on cross-examination. Kendra argued that the Plaintiff simply failed to meet her burden to prove her claims by the greater weight of the evidence. The jury agreed and quickly returned a complete defense verdict finding no liability on the Defendant. Kendra plans to seek fees and costs based on a pre-trial proposal for settlement.

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