Kim Townsend recently obtained a defense verdict in a construction site motor vehicle accident case, in New York State Supreme Court, Suffolk County.
It was plaintiff’s contention that while driving through a traffic “chute” on our client’s construction site, a 60,000 ton crane slammed into his truck, causing violent vehicle movement and significant damage; all of which allegedly caused serious injury to plaintiff’s back and shoulder. Plaintiff contended that management of the construction site traffic chute, and crane placement, was performed in a negligent manner and thus caused the occurrence. Specifically, plaintiff argued that the client’s flagmen were negligent in waiving plaintiff through the chute while the crane—not properly placed per DOT specifications—was rotating with a load of steel beams in its boom sling. Kim argued that, notwithstanding our client’s theoretical negligence, plaintiff’s testimony was false on important and material matters—specifically the force of the crane’s impact with his truck, which could not plausibly be reconciled with photos of the vehicle damage. Accordingly, it was argued, the jury should disregard all of plaintiff’s testimony and find in favor of defendants. After approximately 4 hours of deliberation, the jury returned a unanimous defense verdict.
As a consequence of the accident, plaintiff claimed to have sustained injury to his mid back, requiring thoracic vertebral fusion surgery, and a torn rotator cuff, requiring arthroscopic surgery.
Prior to trial, plaintiff’s demand was $5,500,000. The demand was reduced to $2,500,000 during jury deliberations.