Take Nothing Defense Judgment Against Plaintiff’s $1M Claims
Jun 22, 2023
Dallas attorneys Ken Tapscott and Kolby Keller secured a complete defense verdict after a jury trial arising from a car accident case.
Contributory Negligence from Plaintiff
Plaintiff Amirah alleged Defendant Catalano ran a red light as she was turning and collided with her. Plaintiff also alleged Defendant proceeded straight through a turn-only lane. Plaintiff was seeking damages up to $1 million.
Defendant Catalano alleged that Plaintiff Amirah had a contributory negligence when she turned on a flashing yellow light while Catalano had a green light to proceed further into the intersection. Catalano denied ever being in a turn-only lane of travel. After downloading information from Catalano’s vehicle air bag control module, it was conclusively proven by the records that Catalano was never in the turn-only lane. Additionally, a deposition of the City of Frisco’s traffic engineer proved, with traffic light sequencing information, that Plaintiff’s turning arrow had to be a flashing yellow, requiring Plaintiff yield to oncoming traffic.
An expert accident reconstructionist used all the testimony and information secured in the discovery phase of the case to create an accident animation. The jury returned a verdict in favor of Catalano in 15 minutes.