(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
In the present case, it is clear that this Court is entitled to, and actual obligated to, make a separate determination as to whether or not the verdict, which included a finding of seventy-five percent fault on the part of Plaintiff, was appropriate. Further, Plaintiff submitted evidence of medical bills of in excess of $18,970.54. Evidence was also presented concerning the need for future medical care at a cost of in excess of $23,400.00. Therefore, Plaintiff submits that the evidence establishes that the verdict is improper, and that there was inadequate evidence presented by defendant at trial to support such a verdict. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
DEFENDANT SHOULD NOT HAVE BEEN PERMITTED TO ARGUE COMPARATIVE NEGLIGENCE OF PLAINTIFF AT TRIAL
In advance of trial, Plaintiff filed a Motion in Limine seeking to preclude defendant from arguing at trial that Plaintiff caused or contributed to the accident. Defendant’s contention that Plaintiff has any fault in this accident is without merit. At the time of the accident Plaintiff was lawfully proceeding eastbound on West Ave. with the flow of traffic. He had the right of way at all times, and he had the legal right to expect that defendant would not make an illegal left turn directly in front of Plaintiff’s vehicle. Based upon the exact details of the accident, defendant had no evidence to support a bare claim that Plaintiff somehow contributed to the accident. And defendant presented no such evidence at trial. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.