Plaintiff had marijuana in his system
Plaintiff was driving westbound on Interstate 94 near Rotunda Drive in Dearborn in the evening. He was operating a smaller motor vehicle and drove in the far right lane, obeying the speed limit.
A large truck with an attached trailer was traveling directly in front of plaintiff. Defendant truck driver abruptly applied on his brakes in response to a rolling tire on the freeway, causing plaintiff to run into the trailer and collide violently. Marijuana and opiates were found in plaintiff’s system.
Defendant’s expert testified that plaintiff was traveling 20 mph faster than the truck, and a treating physician noted that plaintiff had leaned over to check a bag before the impact.
Plaintiff had no memory of how the accident occurred and was unable to assist with the liability argument. In deposition, plaintiff’s counsel did get the defendant driver to admit that he “slammed” on his brakes. In addition, defendant’s expert testified that defendant could have taken alternative measures rather than abruptly applying the brakes.
The matter settled at facilitation for $715,000.
Type of action: Third-party auto negligence
Type of injuries: Closed-head injury, fractured ribs, sternum and clavicles, punctured lungs, ankle and knee injuries
Court/Case no./Date: Confidential; confidential; Feb. 24, 2014
Settlement amount: $715,000
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