Attorney David Mitchell represented a young mother who was riding with her husband on a country highway, pulling an open trailer. The trailer was run over by a tractor-trailer as her husband attempted a left turn off of the highway. Our client sustained injuries to her lower back and neck, requiring a lumbar discectomy and a one-level cervical fusion.

The claim was defended as to liability, based on testimony that the trailer had no operating tail lights or blinkers at the time of the crash, and as to caution of injuries based on emergency room neurologic treatment from an accident that occurred two months before the subject crash.

Through discovery, Attorney David Mitchell and his team were able to obtain testimony to confirm that the lights were working, that there was excessive love-bug residue on the windshield which impaired the defendant driver’s vision, and that the defendant driver was attempting to pass at the time of the crash in violation of a double-yellow line and commercial trucking safety rules which prohibit passing within an intersection.

After extensive litigation, and on the eve of the trial, Attorney David Mitchell was able to secure a full and fair recovery of $700,000 for our client, utilizing the leverage of the summary judgment, a rejected proposal for settlement, and the testimony of the defendant driver’s own supervisor and medical experts.