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The plaintiff, an adult male, suffered a cervical strain resulting in a 5% impairment of the cervical spine, a right knee strain, a right ankle strain, a right wrist strain and a contusion of the right third finger as he drove southbound, while at the same time a westbound vehicle operated by the defendant failed to stop for a stop sign and collided with the plaintiff's vehicle.
The plaintiff claimed the defendant was negligent and negligent per se for failing to stop for the stop sign, operating his vehicle at a rate of speed that was unreasonable for conditions, moving from a stopped position when it was not reasonably safe to do so, and obstructing and impeding traffic. As well as failing to keep a proper lookout, failing to swerve or apply his brakes to avoid the collision, failing to keep the vehicle under control, and operating the vehicle in an inattentive manner.
The defendant denied liability and claimed that the plaintiff's alleged injuries and damages were caused by an earlier motor vehicle accident. The jury allocated 95% of the responsibility for the incident to the defendant, and 5% to the plaintiff. The plaintiff's damages were set at $8,929.08 for present economic damages, $5,400 for future economic damages, and $25,000 for non-economic damages. Jurors reduced the plaintiff's award to $37,371.18 based on their fault apportionment.[1]
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- Amiri v. Santacroce, JVR No. 1511170008, 2015 WL 7258177 (Oct. 9, 2015).