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Personal Injury
Automobile Accident
Negligent Maintenance of a Truck

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

Ernest A. Long

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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