Defense Verdict – Jury Skeptical of Plaintiff’s Version of Events in Parking Lot Accident

Attorney Paul Rainville obtained a defense verdict in Worcester District Court jury trial arising from an incident occurring in a mall parking lot. The plaintiff alleged that she was helping her young son get out of the car when the defendant suddenly accelerated toward her while pulling into an adjacent parking spot. The plaintiff claimed that she was forced to dive into the open door of her vehicle in order to escape being struck by the defendant’s vehicle and purportedly sustained injuries as a result. The defendant’s version of events differed significantly. According to the defendant, the plaintiff was irritated that the defendant had pulled into the adjacent parking spot and “hip checked” her car door into the defendant’s vehicle in an apparent angry gesture. The defendant testified that she waited patiently for the plaintiff to move and pulled into the parking spot only when it was safe to do so and that there was no contact at any time between the plaintiff and the defendant’s vehicle. The plaintiff alleged injuries to her neck, back and right knee and produced medical bills exceeding $7,000.00. Attorney Rainville was able to successfully undermine the plaintiff’s version of events based on the points of contact between the vehicle and attack the claimed injuries based on a delay in treatment and the plaintiff’s activity level as documented in her medical records. The jury deliberated for thirty minutes and returned with a verdict in favor of the defendant.