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VOLUME 6 Winter 2004 | ||||||
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IN THIS ISSUE:
Plaintiffs Beware: Not Every Paper of Record Will Preclude Dismissal For Lack of Prosecution in Florida Lisa R. Harris, Esq.
Bradley J. Levien, Esq., Henry J. Achiron, Esq. and Frank D. Thompson II, Esq.
Overview of Florida Law on Liability of Commercial Purveyors of Alcohol Orlando Valle, Esq.
Uninsured and Underinsured Motorist Claim Bradley J. Levien, Esq. and Henry J. Achiron, Esq.
$13,600 Sanctions Order Appealed to Third Circuit George W. Vokolos, Esq.
Consumer Class Action Win by Defense Jeffrey C. Sotland, Esq.
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PLAINTIFF FOUND 50% NEGLIGENT IN RIGHT HAND TURN CASE By Susan R. Engle, Esq.
In August 2004, the case of Lee v. Kleinfelter Chevrolet, et al. was tried before a jury in Dauphin County, Pennsylvania. The case involved two motor vehicle accidents, approximately one year apart, which were consolidated for trial. Susan R. Engle represented Donald Kleinfelter and Kleinfelter Chevrolet in the first of the two accidents. The accident occurred when the defendant made a right hand turn from the left lane and struck Plaintiff’s vehicle, which was traveling in the right lane. Plaintiff alleged that he suffered a herniated disc, recurring headaches, psychiatric injury, and four years’ lost wages as a result of the accident. Plaintiff argued that the second accident, involving a different defendant, aggravated his injuries. Defendant argued Plaintiff was contributorily negligent for not keeping his vehicle under control so that he could stop in time to avoid the collision. Further, Defendant argued that Plaintiff’s alleged injuries were relatively insignificant, that they largely pre-existed the accident, and that Plaintiff could have returned to work within a matter of months. In addition, the claim for psychiatric damages was dismissed mid-way through trial. After a three day trial, the jury returned a verdict assigning 50% negligence to Plaintiff and 50% to Defendant, resulting in a gross award of $7,500 as to Defendant Kleinfelter. The lowest settlement demand prior to trial was $160,000.
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