Gray•Duffy secures dismissal of lawsuit claiming traumatic brain injury following major traffic collision.

August 2017

Overview

Matt Shore of Gray•Duffy’s Encino, California office, successfully obtained a dismissal on behalf of the client, whose truck broadsided the Plaintiff in an intersection controlled by a traffic signal. The case boiled down to who ran the red light, and it was ultimately established that the Plaintiff was at fault for causing the accident.

Discussion

Barratta Grant-Durant v Jose Galvez, et al

The above-referenced traffic accident occurred at the intersection of Santa Fe Avenue and Anaheim Street on the morning of April 11, 2014. Discovery established that Plaintiff, who was driving a FedEx delivery truck entered the intersection against a stale red traffic signal while traveling northbound in the No. 1 lane of Santa Fe Ave. JBA’s driver was traveling eastbound in the No. 2 lane of Anaheim Street and was traveling through the intersection at approximately 35 mph on a green traffic light, when the Plaintiff’s vehicle suddenly entered the intersection. The defendant driver, Jose Galvez, attempted to swerve and brake his tractor trailer rig in order to avoid a collision, but was unable to do so, since his vehicle was fully loaded with an 89,000 pound load of petroleum coke.

The JBA rig struck the FedEx truck broadside on the left front side. Due to the severity of the impact, Plaintiff was rendered unconscious. Paramedics and police units were called to the scene. A third party witness, who was located directly behind Plaintiff’s vehicle, witnessed the entire accident. The third party witness, who was extremely uncooperative, and resisted giving deposition testimony, eventually gave a deposition which exonerated the JBA truck driver and established that the cause of the accident was due to the Plaintiff’s actions.

The injuries sustained by the Plaintiff in this case were severe. However, Mr. Shore was ultimately able to persuade Plaintiff and her counsel to dismiss the lawsuit, with prejudice, following the testimony of the third-party witness.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.