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TRUCKING ACCIDENT – LAWYERS, LAWYERS, ATTORNEYS, ATTORNEYS

February 12th, 2008

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

View Full Article

Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

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