Plaintiff testified in her deposition that she was stopped at a stop light, drove into an intersection when the light turned green, and was hit by a car making a left hand turn into her lane.
Defendant testified in his deposition that he never saw Plaintiff before he hit her. So he could not testify how fast she was going or where she was coming from.
A witness who was driving behind Plaintiff also testified in her deposition that Plaintiff was stopped at the intersection before the light turned green, and that Defendant turned into her lane. The witness also testified that a few other cars drove through the intersection, turning left in front of the Plaintiff before the Defendant. However, neither Defendant nor Plaintiff saw any such cars.
According to Defendant's expert, box data pulled from Plaintiff's car indicated that she was not stopped at the intersection before the light turned green, but actually she was traveling 47 MPH in a 35 MPH zone and would not have been in the intersection while Defendant made his left hand turn, but for the fact that she was speeding.
Therefore Defendant contested liability and said Plaintiff was all or partially at fault for the collision.
The collision was a severe one, breaking both of Plaintiff's arms, one leg, and requiring months of rehabilitation.
I had never seen a case where all the fact witnesses said one thing (that Plaintiff's car was stopped before proceeding into the intersection), but the black box data said something so completely and totally different (that Plaintiff's car was actually speeding and never stopped before the intersection.)
The parties arrived at a $875,000 settlement at mediation.
Past results afford no guarantee of future results and every case is different and must be judged on its own merits.