CHIU, Chantel v. Sibbald Michael Smith (Estate) & Joshua D. Smith
Congratulations Jeremy Palma and Aaron Eagan for obtaining a defense verdict for Joshua Smith and the Estate of Sibbald Michael Smith on behalf of State Farm. Plaintiff, Chantel Chiu, claimed permanent injuries arising out of a motor vehicle accident. Defendant, Joshua Smith, was travelling in the middle lane when Ms. Chiu turned right from a side street into the path of Mr. Smith. Both vehicles were declared a total loss. Plaintiff sustained orofacial injuries and was transported via ambulance. Plaintiff began treating with a chiropractor for neck and back pain. and eventually underwent oral surgery to replace teeth lost in the collision as well as lumbar surgery A second lumbar surgery was performed an both surgeons related their respective surgeries to the accident. Defendant admitted that he was travelling five miles over the 45 mile per hour speed limit. Plaintiff initially denied any negligence but stipulated to some degree of comparative negligence prior to trial. Plaintiff argued that Defendant should have seen Plaintiff’s vehicle as it entered the travel lanes al and swerved or braked. Defendant testified that he had no time to react when Plaintiff pulled into the path of his vehicle and that the collision was completely unavoidable. Plaintiff requested $4 million in damages and suggested that the jury apportion 50% to 86% of negligence onto Defendant. The jury deliberated for 2 hours, 30 minutes before returning a defense verdict finding that there was no negligence on the part of Joshua Smith that was a cause of any loss or injury to Plaintiff. The defense will pursue fees and costs against Plaintiff.
Verdict Date: February 06, 2020