Principal Jackie Kinder and Sr. Associate David Fischer secured a major win on behalf of her client driver in a failure to yield case tried before a jury in St. Charles County Circuit Court. Plaintiff claimed that the Defendant pulled in front of him, failing to yield causing a major accident and resulting in Plaintiff having a closed head injury with trauma to the brain resulting from a concussion. Plaintiff had several witnesses testify to how his brain injury changed his life over the past 5 years, and how he was not the same person anymore. Jackie put on evidence of the high speed of the Plaintiff and argued that even though the Plaintiff had the right of way, had Plaintiff not been speeding the accident would never have occurred. The Defendant testified that she had looked both ways before attempting to move forward to make her turn, and when she looked, she did not see the Plaintiff. Defendant did not dispute Plaintiff suffered a concussion. Plaintiff asked the jury for $2,000,000 in closing arguments and last demand pre-suit was $500,000. The jury returned a verdict of $75,000 and assessed the Defendant 51% fault for the accident, resulting in a net verdict to Plaintiff of just $38,250.
