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Defense Award in Binding Arbitration

Jonathan Kelly obtained a defense award in a motor vehicle accident case where the plaintiff was rear-ended by the defendant’s vehicle while driving on a highway during a sudden snow squall. The plaintiff claimed that the defendant was traveling at an unreasonable rate of speed, traveling too close to her vehicle, and failed to brake appropriately. The plaintiff’s medical expenses were substantial, as she underwent surgery on her lumbar spine and eventually her cervical spine, as well. The plaintiff had also rear-ended the vehicle in front of her (without injury) prior to the impact with the defendant. Kelly elicited testimony that the plaintiff herself was not traveling unreasonably fast, nor too close to the vehicle in front of her, and that there was nothing the plaintiff could have done to avoid hitting the car in front of her due to the weather conditions. This testimony, as well as evidence that the plaintiff had not observed the defendant’s vehicle prior to impact, persuaded the arbitrator that there was no evidence that the defendant was operating her vehicle in a negligent manner under the circumstances, and an award for the defendant was made.

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Jonathan W. Kelly
Personal Injury