Morrison Mahoney Partner John Knight received a defense verdict at a bench trial in Hampden Superior Court.
Plaintiff was injured when the insured’s vehicle struck him while crossing the street as a pedestrian on a rainy night. Plaintiff claimed that the insured was negligent in failing to yield the right of way and/or take adequate precautions to avoid the accident. The plaintiff suffered a broken leg and blood clot that required an extended stay in a rehabilitation hospital, totaling over $70,000 in special damages. John established that the plaintiff’s testimony that he had only consumed one beer before the accident was inconsistent with his medical records, and they argued that the plaintiff was intoxicated and caused his own injuries by negligently walking into the path of the defendant. The judge ruled in favor of the defendant, as he found the plaintiff 70% responsible for the accident. Special thanks to Colin Greene (paralegal) and Deb Murdoch (assistant) for their roles in preparing the case for trial.
