Pima County Court Grants Summary Judgment in Wrongful Death Case

On September 2, 2016, a collision occurred in a Plano parking lot. A plaintiff, a hotel hostess and gift-shop attendant, was driving in an aisle next to a street when a defendant, driving on the street, made a right turn into the parking lot driveway. The vehicles collided. The plaintiff claimed neck, back, and knee injuries and subsequently sued the defendant, alleging negligence in the operation of her vehicle. The plaintiff testified that she was making a left turn at the driveway when the defendant turned into it, claiming the driveway was wide enough for two vehicles but the defendant made too wide a turn. The defendant denied making a wide turn, asserting her turn was completed when the plaintiff's vehicle scraped across her front end. Photos of vehicle damage, showing front-distributed damage to the defendant's car and left front corner to driver's door damage to the plaintiff's, were presented as evidence, which defense counsel argued supported the defendant's account. The plaintiff underwent various treatments, including emergency room care, physical therapy, pain management, and MRIs revealing a meniscus tear, disc protrusions, stenosis, and a disc bulge. She sought damages for past and future medical expenses, physical pain, mental anguish, and physical impairment. Defense counsel argued the impact was not major, highlighted delays and gaps in the plaintiff's treatment, and impeached the plaintiff with evidence of a prior accident and chiropractic care despite her testimony denying previous injuries. Following a one-day trial, a jury rendered a defense verdict. The jury found that neither party's negligence, if any, proximately caused the accident. Consequently, the damages question was not addressed.

One driver was stopped at a red light when the other driver rear-ended their vehicle. The driver who was rear-ended claimed injuries to their neck and lower back. The other driver argued they were not negligent and that the impact was minor. The jury found the driver who caused the collision not liable.

One driver was stopped in traffic when the other driver rear-ended her. The injured driver claimed neck and back strains, sprains, and shoulder pain. She also claimed anxiety for her unborn child. The defense argued that the defendant's actions did not cause the injuries and questioned the extent of the claimed damages.

On May 22, 2017, a collision occurred at an intersection in Fresno, California. A retiree, driving in a left-turn-only lane, began to turn left when a pickup truck, operated by the defendant, struck the passenger side of her vehicle. The plaintiff subsequently filed a lawsuit against the driver of the pickup truck, alleging negligence in the operation of his vehicle. A separate claim against the plaintiff's own insurer for underinsured motorist benefits was later non-suited. The plaintiff contended that she had a green left-turn arrow, noting that a vehicle in an adjacent left-turn lane also proceeded. She further claimed the defendant was using a cellular phone at the time of the incident, citing records showing phone use near the accident time. The defendant, however, testified he had a green light and had completed his phone call before the collision. Defense counsel argued the plaintiff likely had a flashing yellow arrow. A city employee testified that the intersection's signal sequence would have displayed a flashing yellow arrow for a left turn before a green arrow at the time of the accident. The plaintiff claimed to have sustained multiple injuries, including a fractured shoulder, fractured ribs, a fractured sternum, a foot fracture, a spinal disc herniation, and headaches, and sought damages for past medical expenses, pain, impairment, and disfigurement. The defense focused primarily on liability but also challenged the extent of the plaintiff's injuries by presenting prior medical records showing similar pre-existing conditions and impeaching the plaintiff's testimony regarding her medical history. Following a three-day trial, the jury deliberated for 30 hours before rendering a defense verdict. The jury found the plaintiff to be the sole negligent party in the collision, resulting in a $0 award.

On October 30, 2014, a plaintiff was involved in a rear-end collision in Plano, Texas. The plaintiff's sport utility vehicle was struck from behind by a vehicle driven by the defendant while stopped at an intersection on East Plano Parkway near Los Rios Boulevard. The plaintiff subsequently filed a lawsuit alleging the defendant was negligent in operating the vehicle. The plaintiff claimed to have stopped normally at a yellow traffic signal. Injuries alleged included a concussion and post-concussion syndrome, with symptoms such as headaches, vertigo, and memory impairment, in addition to sprains and strains to the cervical and lumbar regions. The plaintiff sought approximately $47,000 for past medical expenses, along with damages for past physical impairment, pain, and mental anguish. The defendant contended being distracted by another vehicle that appeared poised to enter the intersection against a red light. The defendant also claimed the plaintiff seemed to proceed into the intersection before an abrupt stop. Defense counsel questioned the causation of the head injury, noting a delayed complaint, and cited the plaintiff's prior neck issues, a previous head injury, and past memory problems. Plaintiff's counsel countered that any prior issues had resolved years before the accident. Following a three-day trial, the jury rendered a defense verdict, finding the defendant was not negligent regarding the accident. Although the jury did find $15,000 in damages—comprising $8,000 for past medical expenses, $5,000 for past physical pain and mental anguish, and $2,000 for past physical impairment—the plaintiff received no award due to the finding of no negligence.