Law Partners Jason Guari and Scott Perry, had the privilege of representing a repeat client, who due to his job spent a lot of time on the roadway. He was just trying to go home from work when an improperly licensed driver failed to pay attention and crashed into the rear of our client’s vehicle on the highway.
The defense took a hardline approach to the case and forced the matter into litigation, claiming the usual litany of “defenses.” The crash did not cause any damage, your client was at fault, or if those do not work, the injuries were all pre-existing. During discovery, each one of those defenses fell apart through zealous efforts from the team of attorneys and paralegals at Murray Guari Perry.
First, the claim of no property damage fell apart when the property damage estimator explained how the lack of exterior damage was because the plastic bumper cover rebounded into position – but there was substantial damage to the steel rear-impact bar and the front of the defendant’s truck.
Second, we took the deposition of the Defendant driver and through preparation, we caught the driver in several lies. This included not having the proper licensing for the size vehicle he was driving. Once he was confronted with the lies, he either admitted to the truth or was faced with being less than credible considering the hard evidence that contradicted him.
Third, our client’s treating physicians and his family testified clearly that the crash had caused new injuries and robbed our client of his physical strength. This testimony showed that the crash was the cause of the need for surgery and the cause for the impact on his life, not his prior injuries.
Understanding that the facts were not in the favor of the defense and that the usual defense tactics would not help support the Defendants, the Defendant’s insurance carrier chose to resolve the case for a $900,000 settlement, compensating our client for the injuries and damages he suffered as a result of the negligent commercial truck driver and his employer. The settlement allows our client to close this challenging chapter of his life and heal physically and mentally. When people are hurt through the negligence of others, the team at Murray Guari Perry is here to help and hold those responsible accountable.
