Morrison Mahoney Partner Doug Price recently obtained a defense verdict following a four-day jury trial in Essex Superior Court (Salem) in a nighttime car versus pedestrian case involving a minor plaintiff who was allegedly in a crosswalk. Plaintiff alleged multiple orthopedic injuries, as well as a minor traumatic brain injury in the form of a concussion, with post-concussion syndrome. Plaintiff’s mother also had a loss of consortium claim.
Through witness testimony Doug proved that the accident was unavoidable by our client, as plaintiff ran into the roadway. Doug also utilized a neurologist expert to refute the claim that plaintiff suffered a concussion as a result of the impact. After only a short time in their deliberations, the jury came back with a question, asking that if they found no negligence on the part of the defendant, whether they could award damages to the defendant for his costs. After being told they could not, the jury came back a short time later with a defense verdict.
