crmer spina shaugnessy, jansen siegert, llc

Use Of Defense Experts Assisted With Significant Reduction In Case Value & Allowed For Reasonable Settlement

 
Robinson, as guardian of Bush, a disabled person v. Kinsella Landscape et al concerned a commercial truck/bike accident. The plaintiff was riding his bicycle down the sidewalk when he fell off his bike into the side of the trailer of the landscaping truck. Mr. Bush's right arm was amputated and he sustained a closed head injury with permanent sequella that rendered him a disabled person. At the time of the incident Mr. Bush was operating his bicycle along a sidewalk in front of a used car dealer. The car dealer had parked a car on the sidewalk such that it blocked half of the walkway. Plaintiff contended that our client driver was negligent in operating the truck such that it came up on to the sidewalk and struck plaintiff. In the alternative, plaintiff contended that our client should have, but did not, observe the narrow path plaintiff had to negotiate. Mr. Bush alleged that consequently, our client drove too close to the sidewalk resulting in the plaintiff's bicycle's handlebars coming into contact with the side of the van. According to plaintiff, this caused Mr. Bush to lose his balance and fall off the bicycle into the wheel well cover of the passenger side wheel of the trailer. Brian Shaughnessy asserted that plaintiff fell off his bicycle because he was intoxicated. Brian retained a toxicologist and accident reconstruction expert to assist in the defense of the case. He also commissioned our reconstruction expert to create animation depicting our expert view of how the accident occurred. Brian’s experts opinions were instrumental in reducing the plaintiff's seven figure demand and for the resolution of the case for $100,000.

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