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DEFENSE VERDICT IN $3.4 MILLION VEHICULAR DEATH CASE
Result: The On Call Trial Counsel team of KC Ward and Sharon Collier obtained a defense verdict in a vehicular death case, Escamilla v. Cox Petroleum Transport.
Problem: A drunk driver rolled his vehicle, which landed upside down in the middle of a rural unlit highway. Our client, the driver of a Cox Petroleum double tanker (in an effort to avoid the overturned car) drove off the road into a vineyard. He inadvertently struck the decedent who was standing at the side of the road.
Solution: Our driver was speeding. The plaintiff’s attorney claimed that driver of the tanker could have avoided the accident if he had not been speeding. The jury found our client not negligent by a vote of 9-3. The jury foreman stated that all 12 felt that the driver's negligence was not a substantial factor in the injury and awarded a defense verdict. The plaintiff received nothing.