Josephine Farrugia v. W. Jerome Myers, James Martin Uhl
Published: Jul. 29, 2006 | Result Date: Apr. 25, 2006 | Filing Date: Jan. 1, 1900 |Case number: 70615 Verdict – Defense
Court
Nevada Superior
Attorneys
Plaintiff
Timothy J. O'Connor
(O�Connor Schmeltzer & O�Connor)
Defendant
David A. Hirshik
(Gomes, Hirshik & Hummel)
Experts
Plaintiff
Laurence H. Neuman
(technical)
Facts
James Myers was driving his truck when the rear tire on the driver's side flew off his vehicle towards defendant James Uhl's truck, which was approaching from the opposite direction. Uhl's truck crossed the center line and struck plaintiff Josephine Farrugia's car. Farrugia sued Myers for negligent maintenance of his truck and Uhl for negligent operation of a motor vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Myers' tire never struck defendant's vehicle, thus defendant was responsible for hitting her car. In addition she claimed even if the tire had stuck his truck, it did not create an emergency situation.
DEFENDANT'S CONTENTIONS:
The defendant claimed that the impact from the tire caused the air bag in his vehicle to deploy, disabling the steering mechanism.
Settlement Discussions
The plaintiff requested $250,000; the defendant offered $25,000.
Damages
The trial was bifurcated on liability and damages.
Injuries
The plaintiff sustained fractures to her vertebra, clavicle, wrist, pelvis and femur.
Result
The jury found for the defense.
Other Information
Myers settled before trial for $465,000.
Deliberation
one hour
Length
four days
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