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CONFIDENTIAL Motor vehicle negligence – Rear end collision – Moderate brain injury claimed – Liability only.

Pinellas County, FL

The plaintiff alleged that he was maintaining his lane, when a vehicle, driven by the defendant driver and owned by the defendant owner, negligently struck his car from behind. The defendants countered that the plaintiff caused the collision by cutting in front of the defendant’s car and leaving the defendant driver insufficient opportunity to stop. The case was bifurcated and tried on the issue of liability only.

Thy plaintiff was a 58-year-old man at the time of the accident on March 23, ________. He contended that the defendant was looking at his cell phone and was not paying attention to traffic when he struck the plaintiff’s car from behind. The plaintiff claimed a moderate traumatic brain injury as a result of the collision.

The plaintiff called an independent eyewitness who testified that he observed the defendant looking at a cell phone at a traffic light prior to the collision. Phone records indicated that the defendant’s cell phone was in use at the time of the impact, but also indicated that times were listed in Pacific Standard time, which would not apply to Florida.

The defendant denied that he was using his cell phone at the time of the collision. He claimed that the plaintiff’s car suddenly cut in front of him and he could not avoid the light-impact collision. Both sides called accident reconstruction experts to support their position.The jury found the defendant ________% negligent. The case subsequently settled for a confidential sum.

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