Plaintiff's Multiple Prior Car Accidents Mitigate Defendant's Responsibility
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Article about a defendant whose responsibility to the plaintiff was reduced to the plaintiff being involved in many previous car crashes.
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The jury could have reasonably concluded that because the plaintiff was involved in many prior accidents, on of which took place one month prior, the defendant was not responsible for the plaintiff's injuries. Plaitniff's motion to set aside verdict for defendant denied. On October 25, 2011, defendant allegedly rear-ended the plaintiff in Hartford, Connecticut. The plaintiff complained about neck and back pain and went to Hartford Hospital, where he was diagnosed with cervical strain and a muscle spasm. Later, a chiropractor, Dr. Michael Yoel, rated plaintiff with a five percent permanent partial disability of his back as a result of the October 25, 2011 accident. Defendants admitted legal responsibility for the motor-vehicle accident and contested causation and medical expenses, which were more than $19,000. Plaintiff, who had been in four prior accidents and had suffered a fall at work, had been treated 140 times for neck and back pain between January 1, 2001 and October 1, 2001. After a four-day trial, the jury returned a defense verdict. The court considered the plaintiff's motion to set aside and for a new trial. Photos of the motor vehicles showed minimal damages, and the plaintiff had been involved in many prior accidents, one of which took place the previous month. The "jury," wrote the court. "could reasonably have concluded that the plaintiff's injuries were not caused by this accident."
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: J. Huddleston, Plaintiff Was in Many Prior Motor-Vehicle Accidents, 42 CONN. LAW TRIB. 22 at 18.
