Brock Johnson & Bradley Powers recently obtained an outright defense verdict in a liability only trial involving an intersectional accident which occurred on New Year’s eve 2010, just before midnight. The defendant had almost completed a left hand turn at the intersection of Kennedy and Westshore Blvd in Tampa, when his vehicle was t-boned by a vehicle being driven by the plaintiff’s son. The impact was rather severe, and resulted in the defendant’s vehicle being totaled.
The dispute focused on which driver had a green light and control of the intersection. The plaintiff, who was seated in the front passenger seat, claimed the defendant ran a red light and cut in front of her son’s vehicle, causing the accident. She alleged over $80,000 in medical expenses. The defendant testified that he had a green turn signal, and had nearly cleared the intersection at the time of impact. The plaintiff’s son did not testify at trial on his mother’s behalf, despite the fact that he was driving.
Attorney Powers and Attorney Johnson argued that the point of view of a driver is more reliable than that of a passenger when determining what occurred in an accident. The jury agreed, and found that the defendant was not liable for the accident.