Simpson & Deardorff Obtains Defense Verdict in Weeklong Jury Trial

Attorneys Joe Mirabella and Nicholas Harkness recently obtained a defense verdict in a case involving a pedestrian who was struck by a motor vehicle while attempting to cross a highway.

The plaintiff was a tow truck driver who had arrived at an accident scene to assist with a previous accident that occurred on State Highway 164 in Big Bend, Wisconsin.  Northbound traffic was being directed around

the accident scene by traffic cones placed by the Waukesha County Sheriff’s Department.  When the plaintiff arrived on scene the night of the accident, he parked his vehicle on the shoulder of the southbound lanes of Highway 164.  Around the same time, the defendant was traveling northbound in his vehicle on Highway 164, approaching the accident scene.  He slowed his vehicle to approximately 10 mph and navigated the temporary lane designated by the traffic cones.  As he was traveling through this temporary lane, the plaintiff, who was wearing a reflective vest, walked out in front of the defendant’s vehicle.  The defendant, having no time to perceive the plaintiff as he walked in front of his vehicle, struck the plaintiff.

The jury rejected the plaintiff’s demand and found the plaintiff to be 100% at fault for this accident.

Prior to trial, the defense entered an offer of judgment of $100,000 to the plaintiff, plus statutory costs.  While the defense remained adamant that liability was entirely on the plaintiff, the plaintiff had sustained a broken leg as a result of the accident, giving rise to a large amount of past medical specials.  The plaintiff further alleged future pain and suffering related to his injury.

At trial, opposing counsel attempted to argue that the defendant had the better opportunity to prevent this accident despite the plaintiff having seen the defendant’s vehicle coming down the road.  Opposing counsel further advanced theories which were not entirely consistent with the facts presented at trial.  At closing, he asked the jury to award over $1,000,000 in past medical specials, past and future pain and suffering, and loss of consortium for the plaintiff’s wife.

The jury rejected the plaintiff’s demand and found the plaintiff to be 100% at fault for this accident.  Prior to trial, the court found the plaintiff causally negligent as a matter of law since it was undisputed that he was crossing the road outside of a crosswalk.  That said, the jury did not find any negligence on the part of the defendant.  Further, despite there being about $200,000 in undisputed medical bills, the jury awarded $0 in past medical expenses, $0 for past and future pain and suffering, and $0 for the spouse’s loss of consortium claim.

Congratulations to Attorneys Mirabella and Harkness on a great result!