$10,750,000 Verdict

The case involved a semi-truck vs. pedestrian accident that resulted in the horrific death of a 15 year-old girl, who at the time, was walking within a marked cross-walk with her then 19 year-old brother. The incident took place as the semi-truck was negotiating a right turn across the cross-walk occupied by the decedent and her brother.

The case included a Negligent Infliction of Emotional Distress (Dillon v. Legg) claim for the decedent's brother who witnessed the horrific incident, who received the highest award of the three Plaintiffs.

Throughout the three-year litigation, Defendants vehemently denied liability. Based on eyewitness testimony and the testimony of the decedent's brother given immediately after the incident, the police report listed the decedent at fault for the incident for purportedly having entered the crosswalk on a flashing upraised hand signal while the decedent was on her cellular telephone. Faced with an unfavorable police report that included a statement from decedent's brother indicating that the decedent received a phone call before they entered the intersection, that they delayed entering the intersection, and that they entered the intersection on a flashing upraised hand signal, we were able to use what little evidence in our favor we did have to our advantage. Through our investigation, we were fortunate enough to recover a grainy low-quality surveillance video from a parking lot across from the subject intersection that captured the accident taking place. However, the video was of extremely poor quality and did not show important details such as the light signals in the intersection. Decedent and her brother were seen as no more than two specks, who at times were not even visible on the video. Nevertheless, we were able to use the footage in reconstructing the incident through the traffic patterns, movement of vehicles, and our clients who were captured on the video.

In June of 2016, in response to our policy demand letter for $750,000.00, the Defense offered a total of $125,000 and opened up their policy. At that point, our team decided to gear the case for trial.  Three days before the start of trial, Defendants offered $750,000.00, which was promptly rejected by our clients. We began the trial on January 30, 2017 and received the following verdict on February 8, 2017: $3,500.000 for the decedent's mother; $3,250,000 for the decedent's father; $4,000,000 for the decedent's brother. While the entire team was ecstatic to hear the result, we were extremely satisfied with the fact that the jury attributed zero contributory negligence as to the deceased. It was a very emotional day for our entire team and our clients to say the least. After three years of battling a police report, countless news reports, an insurance carrier, and Defendants, who all blamed the deceased for her own demise, our clients were finally vindicated in their insistence that their daughter/sister was negligent free for the accident.