Morrison Mahoney Partner John Knight and Associate Brian Manikowski obtained a defense verdict following a two-day trial in Dedham District Court. The case involved a motor vehicle accident that occurred when a vehicle attempted to make a left turn onto a two-lane highway, turning directly into the path of our client’s vehicle, who was travelling straight at 50 mph, the posted speed limit. The plaintiff insurer, who brought the subrogation claim on behalf of the injured passenger of the turning vehicle, alleged that our client was at least 1% negligent and was therefore 50% responsible for the passenger’s injuries.
At trial, the driver of the plaintiff’s vehicle testified that she had established herself in the road prior to making her turn, such that our client should have seen her as our client approached the intersection on a long straight section of road. The critical testimony, however, was that of the driver of a third vehicle, who sat at a stop sign across from the driver of the plaintiff’s vehicle, and who witnessed the entire accident. That driver testified that the driver of the plaintiff’s vehicle never looked to the right, the direction from which our client was approaching, before attempting to make the left turn. After approximately 45 minutes of deliberation, the jury found that our client was not negligent.