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DEFENDANT''S ON LIABILITY Failure of defendant automobile driver to yield after stopping at stop sign - Alleged excessive speed of motorcyclist who strikes rear wheel well of defendant''s Lincoln Town Car - Auto spins ________ degrees - Death Action.

Monmouth County

The plaintiff contended that after stopping at stop sign, the defendant automobile driver failed to yield to a motorcyclist who was proceeding from the defendant’’s left. The plaintiff further contended that as a result, the motorcyclist collided with the defendant’’ car, causing cranial injuries that took the life of the 35-year old motorcyclist the following day. The evidence disclosed that the decedent proceeded after a traffic light one block to the left of the defendant turned green. The defendant contended that the decedent was traveling at a high rate of speed. The defendant’’s accident reconstruction expert testified approximated 65 mph in a 40 mph zone, however, the plaintiff’’s accident reconstruction expert estimated that the decedent was traveling at 49 mph. The defendant maintained that the jury should consider that the decedent struck the defendant’’s Lincoln Town Car with sufficient force to spin it ________ degrees and propel the decedent 90-________ feet into the air. The plaintiff contended that the decedent experienced several minutes of conscious pain and suffering. He left a wife and two young children. The decedent had been working for a brief period as an independent truck driver. The evidence reflected that in the prior year, while the decedent was working for another trucking firm, he earned approximately $________. The jury was aware that the defendant died prior to trial from causes that were unrelated to the accident. The jury found the defendant 49% negligent, the decedent 51% negligent, and a defense verdict was entered.

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