Contact between vehicles on an interstate resulted in a fractured pelvis for plaintiff. Defendants asserted contributory negligence and sudden emergency defenses, but a Hall County, Georgia jury returned a verdict for plaintiff in the amount of $52,716. Plaintiff was operating her vehicle southbound on an interstate. Defendant was operating a vehicle owned by co-defendants behind Plaintiff's vehicle, but in a separate lane of travel. Defendant allegedly struck plaintiff's vehicle, causing it to spin off the roadway, strike a tree and overturn. As a result, plaintiff was trapped upside down in the vehicle and had to be rescued by emergency personnel. Plaintiff alleged negligent and reckless driving by Defendant and alleged Co-Defendants were liable for allowing permissive use of their vehicle by Defendant. Plaintiff further asserted that she suffered a fractured pelvis and injuries to her back, leg and knee as a direct result of the accident. Defendants denied plaintiff's allegations. Defendants claimed plaintiff failed to exercise ordinary care. They also argued that plaintiff's negligence was equal to or greater than their alleged negligence in that she encroached on defendant's lane of travel, resulting in contact between the vehicles. Defendants also asserted a sudden emergency defense on the basis that other traffic contributed to the accident.
Posted on Feb 16, 2010