$300,000
Offer
$35,000
Result
$50,000 settlement after jury selection
Venue
Allegheny County
Judge
Lutty
Attorney
Paul J. Walsh III
Passenger sues drunk driver for broken neck and closed head injury
This case arose out of a motor vehicle accident which occurred on S.R. 60 near the old airport. Our client was a driver with a blood alcohol content of .21 and the Plaintiff Passenger had a blood alcohol content of .37. The defense strategy was to posture the case for a non-suit based upon the assumption of the risk doctrine. In that non-suits are rare, the alternative strategy was to argue that the Plaintiff was comparatively negligent by getting into the vehicle with a visibly intoxicated driver. The Plaintiff sustained serious injuries. He had a broken neck which required a halo vest for three months in addition to sustaining a closed head injury. After jury selection the case settled for $50,000.