Facts Rout Tortfeasor Theory
The minor plaintiff was asleep in the passenger seat of her mother’s car during a snowstorm when the car skidded, stopped and was hit by the defendant’s car. The minor suffered a broken jaw, contusions and abrasions to the face, seven broken teeth, a broken collar bone and a broken left ankle.
At the time of the trial the plaintiff had already received the $25,000 policy limit from her mother’s insurance policy and was proceeding against the defendant under a joint tortfeasor theory, where a finding that the defendant had been even one percent negligent would have resulted in a verdict against the defendant. We successfully argued that the defendant was not negligent to any degree, relying in part on the sudden emergency defense.
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