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July 2009 Hidalgo County defense verdict in multi-million trucking accident case |
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Member Roger Oppenheim and Associate Scott Novak successfully defended a leading trucking company in a two-truck accident case. Plaintiff claimed the Defendant truck, which was illegally parked off the shoulder of the highway, pulled out in front of him resulting in a major collision. The defense countered that the collision occurred further down the highway from the point of entry and that the Plaintiff rear-ended the Defendant’s truck due to the effects of sleep apnea, which he had recently been diagnosed. Plaintiff alleged the accident resulted in the need for a total knee replacement and two-level cervical fusion. Plaintiff sought over $4 million in compensatory damages, plus punitive damages for spoliation of evidence and other alleged misdeeds. The jury found the Plaintiff 60% responsible, which operates as a liability bar.
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