Vehicular Negligence

In Laborers v. Grading Company (court and case confidential ) Richard Schoenberger, Michael A. Kelly and Conor M. Kelly obtained a cash and annuity settlement having a present cash value $7,900,000 on behalf of two undocumented ranch laborers injured in a head-on vehicle crash in rural Northern California. The night time collision occurred on a dark two-lane highway which was undergoing road resurfacing. The plaintiffs were driving northbound when a southbound pickup truck crossed into their lane and struck them head on. The defendant truck driver claimed he was unable to determine his position in the roadway at the time of the crash because temporary pavement markings (intended to replace the solid double yellow line which was previously painted on the highway) were missing. In discovery our team, developed evidence that the paving and grading company had paved over the lane markings. On the morning following the collision, the defendant sent a crew to replace the temporary reflectors. The construction company claimed all blame rested with the truck driver who crossed the double yellow line. Rich, Mike and Conor retained a comprehensive team of technical experts to create a powerful visual animation depicting the condition of the roadway on the night of the accident in comparison to how the road should have looked with adequate lane markings. The most seriously injured plaintiff was driving without automobile insurance at the time of the crash and was limited solely to the recovery of economic damages. He suffered a traumatic brain injury which required constant supervision. His passenger sustained orthopedic injuries and developed severe PTSD. The defendants vigorously disputed each plaintiff’s damage claims. The defendants argued that the plaintiffs had received little treatment after their acute hospitalizations. The case settled after the commencement of trial with $6,900,000 of the total settlement being paid to the cognitively impaired uninsured driver and one million-dollars to the passenger.