$1.825 million Settlement: Man helping driver in ravine hit by car on slick road

Plaintiff says defendant drove too fast for existing conditions; case settles

On a cold winter evening, plaintiff pedestrian went to the aid of a disabled motorist whose vehicle had slid off the roadway into a ravine. The road surface was slick because of freezing rain.

As plaintiff offered assistance, defendant driver came up the exit ramp at too great a speed for existing road conditions, and careened off the roadway. The car made impact with plaintiff, pinning him against the disabled motorist’s vehicle. Plaintiff suffered a fractured leg and a concussion that was ultimately diagnosed as a mild traumatic brain injury.

During the course of discovery, defendant and his employer, through counsel, argued that the crash was unavoidable because of inclement weather conditions. It was further contended that this constituted a sudden emergency, depriving plaintiff of the ability to prove actionable negligence against them.

The defendant vehicle operator denied liability even though he had pleaded no contest to a traffic ticket for speeding, and had paid the fine.

During discovery, plaintiff’s counsel moved aggressively to file successful motions to strike defendants’ multiple notices of non-party fault. Plaintiff counsel also took numerous discovery depositions that were designed to deprive defendants from having factual support for their numerous affirmative defenses.

Plaintiff’s treating physicians asserted that plaintiff’s working capacity was permanently diminished due not only to his lack of mobility, but also because of his changed personality, which was attributable to post-traumatic stress disorder.

Defendants’ examining physicians contended that plaintiff’s psychiatric disability was attributable to his pre-existing mental state and that, in any event, plaintiff should be able to perform gainful employment, albeit not in the same industry (sales) as previously.

The matter settled for $1.825 million prior to trial.

Type of action: Third-party tort liability

Type of injuries: Leg fracture and mild traumatic brain injury leading to chronic depression

Name of case: Confidential

Court/Case no./Date: Confidential; Confidential; Jan. 18, 2013

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