The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: In June 2008, plaintiff Matt Marrion, a 74-year-old farmer, was driving a truck southbound on El Dorado Hills Avenue when he came to a stop at the intersection with Grass Valley Avenue and then began to proceed through the intersection. He was struck by a truck driven by defendant Rod Martinez, who was traveling eastbound on Grass Valley Avenue making a delivery for his employer, Interstate Services, to ABC Logistics Services Inc. Martinez did not stop at a stop sign at the intersection.
Plaintiff sued Martinez, his employer, Interstate, and ABC Logistics, alleging that Martinez was negligent in the operation of the vehicle, while Interstate and ABC were vicariously liable. Defendants filed a cross-complaint against Jerry Mann for indemnification and apportionment of fault.
Plaintiff’s counsel argued that Martinez was not paying attention and was speaking to his assistant at the time of the accident. Plaintiff’s counsel argued that plaintiff stopped, looked both ways, and then proceeded into the intersection at 5 mph.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Martinez claimed that he could not see the stop sign because a freightliner truck owned and operated by Jerry Mann was blocking his view.
Defense counsel argued that plaintiff was a substantial factor in the cause of the accident.
Plaintiff’s counsel argued that there were a number of warning signs to Martinez that a stop was coming.
There was a videotape of the accident showing that Martinez ran the stop sign.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.