A One-Percent Issue

Facts Rout Tortfeasor Theory

The minor plaintiff was asleep in the passenger seat of her mother’s car during a snowstorm when the car skidded, stopped and was hit by the defendant’s car. The minor suffered a broken jaw, contusions and abrasions to the face, seven broken teeth, a broken collar bone and a broken left ankle.

At the time of the trial the plaintiff had already received the $25,000 policy limit from her mother’s insurance policy and was proceeding against the defendant under a joint tortfeasor theory, where a finding that the defendant had been even one percent negligent would have resulted in a verdict against the defendant. We successfully argued that the defendant was not negligent to any degree, relying in part on the sudden emergency defense.

Recent News: Motor Vehicle and Pedestrian Accidents

“Massachusetts State Police “Critical Speed Formula” Excluded in Daubert Hearing”
Commonwealth vs. Cruz (Norfolk Superior Court Criminal Action No.: 10-0508)

“Equestrian Fails to Prove That Driver Caused Injury”
The Connecticut Law Tribune

Other Cases / Wins: Motor Vehicle and Pedestrian Accidents