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DEFENDANT’S Motor Vehicle Negligence – Rear end collision by tractor trailer – Torn medial meniscus with knee surgery – Anterior cruciate ligament tear.

Broward County, FL

The plaintiff was driving a pickup truck when he alleged that a tractor trailer, owned by the defendant Publix Supermarkets, Inc., and driven by the defendant driver, struck his vehicle from behind. The defendant disputed both liability and damages and argued that the plaintiff was driving with an underinflated rear tire and hydroplaned into the path of the defendant’s truck.

The plaintiff was a 60- year-old maintenance worker from Guatemala at the time of the accident on July 4, ________. He testified that he was driving northbound on Interstate Route 95, when his car was struck from behind. The plaintiff claimed that the collision caused a medial meniscus tear and anterior cruciate ligament tear. He underwent right knee surgery and testified he still suffers pain in his knee and limitation of movement.

The defendant argued that evidence showed the right rear tire on the plaintiff’s vehicle was worn and underinflated. The defense contended that the plaintiff’s vehicle hydroplaned on a wet road surface and slid into the defendant’s lane of travel.

The defendant driver testified that he did not notice the plaintiff’s vehicle until it was coming towards his truck from the area of the median divider to his left. The defendant testified that the plaintiff’s vehicle crashed into the driver’s side saddle gas tank of his truck. The defendants maintained that the truck driver could do nothing to avoid the collision.

The defendant’s orthopedic surgeon testified that the plaintiff may have sustained a contusion or sprain to the right knee as a result of the accident. However, this expert opined that the plaintiff exhibited severe preexisting end-stage bilateral degenerative arthritis of both knees and that his condition was unrelated to the accident. The defense also stressed that the plaintiff has not had medical treatment for the accident since ________.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The plaintiff waived post-trial motions or an appeal. The defendant waived attorney fees and costs.

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