Morrison Mahoney associate Will Strehlow recently obtained a defense verdict in a bench trial in the District Division of New Hampshire Circuit Court. This case involved an auto accident at an intersection where both parties confidently testified to having a green light and the right-of-way.
The plaintiff sought recovery for the loss of his vehicle which was totaled, and for a contusion and black eye he received, claiming that the only possible explanation for the accident was our client’s negligence. The court, however, was unconvinced. Although the plaintiff testified to having been stopped awaiting a green light in his direction, he conceded on cross-examination to having not seen our client’s vehicle until the accident occurred because he had not bothered to confirm it was safe to enter the intersection.
Our client’s testimony was consistent with safe attention to her surroundings, and described how she watched the plaintiff enter the intersection and likely could have avoided the collision entirely with a few more feet to complete her attempt to avoid the plaintiff. Consequently, the court entered a defense verdict, finding that the plaintiff had failed to carry his burden of showing that more likely than not, the accident was the result of our client’s negligence.
