Goldberg Simpson associate attorney Kelley M. Rule recently won a defense verdict in a motor vehicle accident case on behalf of a trucking company and its driver.
On the date of the accident, the plaintiff was traveling southbound on Dixie Highway. She sustained a bimalleolar fracture after rear-ending a tractor trailer owned by Ms. Rule’s client. The plaintiff claimed the truck driver pulled out in front of her and encroached into her lane of travel. After her attempt to change lanes was blocked by another vehicle to her right, the plaintiff swerved back into the left lane, striking the truck in the rear. The testimony of the defense expert was that the plaintiff had over 1,000 feet to perceive the tractor trailer, and adjust her speed and position. Even after the truck was fully established in the left lane, the plaintiff still had 870 feet in which to adjust her speed and position.
The case was tried before a Jefferson County jury. After three days of trial and three hours of deliberations, the jury rejected the plaintiff’s claims and rendered a verdict for Ms. Rule’s clients.