(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.)
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court.
DEFENDANT’S TRIAL BRIEF
STATEMENT OF FACTS
This action arises from an automobile versus SUV accident. On January 2, 2007, Melissa
Smith was traveling eastbound on Arden in her SUV. Paul Austin was
traveling northbound on Eastern in his passenger car. There was a heavy rain and
the traffic-control lights at the intersection were not working. Temporary four-way stop
signs had not been deployed. Ms. Smith proceeded to enter the intersection. Mr. Austin
was northbound on Eastern traveling at approximately 25 mph. He saw no traffic and
continued to proceed into the intersection. Neither driver saw the other vehicle until
immediately before impact. Despite braking, Mr. Austin’s car struck the plaintiff’s SUV
in the passenger-side doors approximately in the middle of the vehicle.
Ms. Smith immediately jumped out of her vehicle and began yelling at Mr. Austin.
Neither party received a citation. Neither party received emergency medical treatment. Ms.
Smith proceeded to drive her vehicle to her nearby residence approximately three blocks
away. Two days later Ms. Smith presented to David Stein, D.C. for evaluation and
chiropractic treatment for seven months.
Seven months after the accident Ms. Smith first presented to an orthopedist, Mike Davies,
M.D. In addition to reporting to Dr. Davies that her past history was
significant for a rear-end automobile accident about eight years before in which she injured
her neck and back, she also complained of current pain in her neck, upper and lower back as
well as both shoulders and the right arm. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.