Placing Blame for Rear-Ending

Testimony Elicited For Positive Result

The plaintiff, a passenger in her husband’s vehicle, alleged that the defendant rear-ended her vehicle, allegedly causing lower back and neck injuries. The defendant maintained that the plaintiff’s vehicle had veered into the defendant’s lane of travel.

The plaintiff’s husband testified at trial that he pulled into the middle lane of travel approximately thirty seconds before being rear-ended by the defendant’s vehicle. The plaintiff concurred with her husband’s testimony, but with slight inconsistencies to her prior deposition testimony. When the defendant testified at trial, he stated that the plaintiff’s husband veered into the middle lane of travel suddenly and without warning, leaving the defendant no opportunity to avoid a collision. The jury returned with a defense verdict. Plaintiff’s counsel filed motions for a new trial and to amend her pleadings to conform with the evidence, but the motions were denied.

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