Morrison Mahoney partner Bridget Lopez and associate Kaylie Daniels recently obtained a defense verdict after a five-day jury trial in Middlesex Superior Court stemming from a vehicle versus bicycle accident. Plaintiff alleged the defendant cut in front of her causing her to ride into the side of the defendant’s vehicle as it was turning left. She claimed she sustained a traumatic brain injury, in addition to facial bruising, a left wrist sprain, and neck strain. Due to her alleged memory loss, plaintiff had minimal details of the accident, and thus had to rely on the defendant’s testimony as to the how the collision occurred.
Defendant testified he had stopped with his blinker on and waited several light cycles in the high-traffic area before another vehicle offered him space to turn into an office complex. He testified that he was traveling slowly, looked for any traffic (including bicyclists), and completed his turn after determining it was safe to do so. Neither the plaintiff nor the defendant saw each other before the collision.
The defense argued that there was no indication that the defendant could not complete his turn safely, there was no evidence that the collision was an unavoidable accident (most likely due to the bicyclist being obscured by a long line of backed up cars), and that plaintiff failed to sustain her burden of proving the defendant acted unreasonably. The defense further presented expert testimony that the plaintiff did not sustain a concussion. After deliberating for just under two hours, the jury returned a verdict in favor of the defendant.
