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ARTICLE ID 50088

ON LIABILITY Defendant tractor-trailer driver allegedly negligent in turning right from dairy farm, on rural road, in path of plaintiff, causing plaintiff to strike rear axle of tractor - Alleged cervical and lumbar herniations superimposed on essentially resolving soft tissue injuries sustained in accident several years earlier - Inability of executive chef to continue.

Warren County

The plaintiff driver, 49 years old, contended that, while proceeding south on a rural road, he was suddenly met with a tractor trailer coming out of a diary farm, giving him no choice but to skid into the rear axle of the tractor. The defendant contended that, he stopped at the end of the driveway, looked to his left up the hill, saw no vehicles, and proceeded into the road.

The plaintiff’s reconstruction expert conceded that the truck was in the road at least five seconds before the impact occurred. Defendant’s expert opined seven seconds. The defense contended that, under either scenario, the plaintiff had ample time to safely brake to a halt if he had been following the speed limit and had made proper observations. The plaintiff contended that the truck did not stop, but came directly into the road, giving him no chance to avoid the accident.

The Plaintiff had suffered extensive soft tissue injuries two years earlier in an accident in which his wife and son were seriously hurt, but claimed his injuries were generally resolved before this ________ accident. The plaintiff underwent 60 chiropractic manipulations, three lumbar epidural injections, and manipulation under anesthesia. The plaintiff presented an $________ lost wage claim, stating he could not work in his chosen profession as executive chef any longer. The plaintiff’s pretrial demand was $________. An offer of $________ was made.

The jury held that the plaintiff had not proven the defendant negligent and the court entered a no cause for action.

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