. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 39717

ON LIABILITY - $0 DAMAGES AWARDED - MOTOR VEHICLE NEGLIGENCE - INTERSECTION COLLISION - PLAINTIFF CLAIMS DEFENDANT RAN RED LIGHT CAUSING PLAINTIFF TO STRIKE VEHICLE - PLAINTIFF CLAIMS CERVICAL AND LUMBAR STRAIN AND SPRAIN.

Lackawanna County

This action was brought by a 25-year-old female plaintiff who contended that the sustained cervical and lumbar strains and sprains as a result of an intersection collision occurring in the intersection of Spruce Street and Adams Avenue in Scranton. The plaintiff contended that a prisoner transport van had diverted the defendant’s attention and caused the defendant to enter the intersection against a red light. The plaintiff asserted that she had a green light prior to entering the intersection. The plaintiff struck the right rear quarter panel of the defendant’s vehicle. Each party was proceeding in the middle lane of the three lane roadway. A police officer who had witnessed the accident testified that the collision occurred directly under the traffic controls and that both parties were in the middle lanes.

The plaintiff’s treating internist testified that the plaintiff sustained cervical and lumbar strain and sprain and required eight months treatment. The defendant acknowledged liability, but maintained that the plaintiff’s actions were also a cause of the accident. The defendant argued that although the plaintiff had the green light, she was still required to proceed with caution.

The defendant argued that a green light gives a motorist a qualified privilege to proceed into the intersection under safe circumstances. The defendant further asserted that the plaintiff had ample opportunity to avoid the collision and had failed to take any evasive action, pointing out that the defendant was well into the intersection by evidence of damage to the right rear quarter panel. The defendant also contended that the plaintiff had been involved in a prior accident three months before the subject incident and had gone to a local hospital with complaints of neck and back pain. The defendant asserted that the plaintiff’s treating internist was not told of this incident. The defendant brought into testify the custodian of the hospital records who verified the plaintiff’s record. The defendant maintained that the plaintiff’s complaints resulted from the prior accident. The jury found the defendant 51% negligent and the plaintiff 49% negligent. The jury awarded no damages. Pruitt vs. Piazza. Case no. 90-________; Judge James Walsh, 1-8-91. Attorney for plaintiff: Raymond Ferrario in Scranton; Attorney for defendant: Alan Schoen in Scranton. Plaintiff’s treating internist: Dr. Emanuel Hipolito of Scranton.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.