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Jury Favors Defendant in Moped Crash (Alleged Bad Faith Case)

January 10, 2017

Jack Daniel and Madison Suttie successfully defended an automobile driver involved in a collision with a moped driver.  The case was tried because Plaintiff moped driver’s medical bills exceeded $100,000 and his attorneys postured the case as an insurance bad faith claim, contending that the carrier missed a deadline to pay policy limits. The Plaintiff sustained a severe leg fracture, requiring surgery.  Plaintiff also sought damages for a brain injury, which was disputed based upon medical testimony.   Plaintiff argued that the Defendant made an illegal left turn directly into the path of his moped.  The case was defended on the issue of moped lighting and whether it was visible at night when the collision occurred.  Plaintiff’s counsel asked the jury for an award in excess of a million dollars at trial. After hearing competing testimony and arguments on liability and the moped lighting issue, the jury decided that Plaintiff moped driver was 55% liable, barring any damages under South Carolina law.  In arguing the case, Jack and Madison strategically conceded partial fault on the part of the Defendant automobile driver while maintaining their client was less than 50% responsible.  Based on the court’s instructions and verdict form, the jury was fully aware that finding Plaintiff more than 50% liable for his own injuries would bar him from recovering any damages.  The Defendant’s insurance carrier had been willing to pay policy limits before suit was ever filed.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.