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Favorable Settlement in Wrong-Way Auto Accident Case

Michael Carney, of the Fort Lauderdale office, tried a case advancing a controversial Ambien-induced “sleep driving” defense, arguing that a wrong-way motor vehicle collision in Broward County was caused by his client’s unknowing ingestion of the sleep aid. The accident caused uncontroverted injuries to the Plaintiff, a young mother in her 20s, requiring surgery the defense experts conceded was reasonable and related to the MVA. To make matters worse, the hospital records stated the Defendant said he “ingested Ambien and then went for a drive,” which, if true, could be negligence per se. However, Michael argued these records were untrustworthy, because (1) his client had a habit of taking Ambien only much later in the evening, (2) it seemed clear he was “sleep driving” since he was travelling the wrong way on a road he knew well, and (3) Ambien is known to cause somnambulism, which can result in anterograde amnesia, meaning the person cannot form memories during the blackout, and, thus, may try to “fill in the gaps” upon waking with something that did not actually occur. Michael therefore argued that the hospital records should not undermine his client’s subsequent sworn testimony that he would have never knowingly driven after ingesting Ambien. Michael also employed an expert with a dual expertise in toxicology and forensic medicine to testify about the effects of Ambien and how it might have affected Defendant’s ability to accurately describe his pre-accident activities to personnel at the hospital after the accident. Ultimately, following a seven day trial against what seemed like insurmountable odds, the case settled favorably after the closing arguments but before a verdict was rendered.

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