Rear end collision - Cervical sprain and strain - Rib fracture - Patella fracture - Liver contusion - Liability only.
Damages in this motor vehicle negligence action were stipulated
at $________, and the case was tried on liability only. The
plaintiff claimed that the defendant pulled out from a stop sign
into the path of a vehicle in which she was a passenger. The
defendant denied pulling out of a stop sign and argued that the
host vehicle simply struck her car in the rear.
The plaintiff was a passenger in a vehicle driven by her sister
in a southbound direction. The plaintiff claimed that a vehicle
driven by the defendant driver pulled out from a stop sign,
hydroplaned on a wet road surface, struck a guard rail and
bounced into the path of the host vehicle, causing the host
vehicle to strike the defendants car. An investigating police
officer testified that debris was found in the right travel lane,
there were no skid marks at the scene and both vehicles were in
the right lane when he arrived.
The defendant testified that she was driving in the left
southbound lane in front of the host vehicle when the host
vehicle struck the rear of her car. The defendant denied pulling
out of a side street or striking a guardrail as alleged by the
plaintiff. The defendants son and her sons fiancee, who were
traveling in a vehicle behind the plaintiffs car, supported the
defendants version of the accident.
The jury found the defendant ________% negligent.