Mark Segalini Obtains Defense Verdict in an Auto Tort Case

Boston Partner Mark Segalini recently obtained a defense verdict is an auto tort case where the plaintiff alleged that a phantom vehicle cut in front of her and caused her to stop while taking a left hand turn in front of the insured. The plaintiff alleged that she was stopped for this vehicle for as many as 15 seconds as the phantom vehicle appeared lost thereby giving the insured more than adequate time to avoid broadsiding her which caused significant damage to both vehicles. The plaintiff also alleged excessive speed on the insured. Fortunately, the medical records, and, specifically, the initial treatment questionnaire filled out either by the provider or the plaintiff herself, the evidence was unclear, did not mention the phantom vehicle and indicated the plaintiff was travelling at 25 mph at the time of the accident, thereby discrediting the plaintiff’s testimony. Although the plaintiff understood and spoke enough English to avoid needing a translator, she attempted to hide behind the language barrier on many issues which did not favor her on liability and damages. The plaintiff was claiming significant neck and back injuries resulting in ongoing disability years after the accident. There was a history of prior accidents and neck and back injuries as well.