Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary 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 brain injury lawsuit and its proceedings.)
FACTS/CONTENTIONS
According to Plaintiff: On June 24, 2009, plaintiff Mark Matt, a 74-year-old farmer, was driving a truck southbound on G Avenue when he came to a stop at the intersection with S Avenue and then began to proceed through the intersection. He was struck by a truck driven by defendant Reid Murphy, who was traveling eastbound on S Avenue making a delivery for his employer, HIS Services, to XYZ Services Inc. Murphy did not stop at a stop sign at the intersection.
Plaintiff sued Murphy, his employer, IHS, and XYZ, alleging that Murphy was negligent in the operation of the vehicle, while IHS and Sears were vicariously liable. Defendants filed a cross-complaint against Jim Marion for indemnification and apportionment of fault.
Plaintiff’s counsel argued that Murphy 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.
Murphy claimed that he could not see the stop sign because a freightliner truck owned and operated by Jim Marion 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 Murphy that a stop was coming.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
There was a videotape of the accident showing that Murphy ran the stop sign.
CLAIMED INJURIES
According to Plaintiff: After the accident, plaintiff complained of a head laceration, neck pain, right flank and hip pain and bruising, right shoulder pain, back pain, and a possible loss of consciousness. He was taken to an emergency room. Initial x-rays of his right hip found no fracture; however, due to persistent pain, an MRI was performed, which revealed acute fractures of the right sacral ala, superior and inferior rami, and public fractures. A CT scan of his head was reported to show no acute findings. He was diagnosed with right sacral and pelvic fractures and lumbar and sacral tenderness.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.