Car Accident - Snowstorm $250,000.00 | Joel H. Schwartz, P.C.Joel H. Schwartz, P.C.

Car Accident Attorney Case

Jury Verdict – Motor Vehicle – Snowstorm – $250,000.00

Reported in the Lawyers Weekly

In this case the plaintiff sued the defendant for a collision that occurred in March of 1996. After the initial accident, a co-defendant also got involved when their vehicle struck into the back of the plaintiff’s car. Prior to the jury getting involved, the co-defendant settled his case.

The primary defendant stated that a snow storm caused him to travel out of control, and subsequently strike the plaintiff’s car. During the case, the plaintiff’s counsel prevented presentation of evidence that 26 other car accidents occurred in the same town during the snowstorm. This greatly helped the odds of winning the case.

The police officer that responded could not recall any specific details of the incident, just that he was traveling the area taking care of several accidents. Since the officer could not recall details, his testimony was thrown out. Liability issues arose during talks of when the storm began.

After the incident, the plaintiff was taken to the hospital and was treated for injuries. She then underwent several weeks of therapy. After therapy the plaintiff was having minor cervical discomfort, but nothing major. But 10 months later, she began to suffer from parasthesia in both her lower and upper extremities.

Due to the proposed parasthesia, the plaintiff underwent an MRI. This test showed that the plaintiff was suffering from multiple sclerosis, which was not caused by the vehicular accident. The MRI did show that a contused lesion was caused by the head-on accident. The defendant disputed this by saying that the parasthesia would have immediately occurred after the incident, not 10 months later.

When the trial began, the plaintiff offered to submit the case to a high low arbitration which was set at $100,000 – $20,000. This was rejected immediately by the defendant, and ended up working in the plaintiff’s favor. The jury awarded the plaintiff with a total sum of over $250,000.

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