RSRM Partner James Andersen
secured a defense verdict in a jury trial beginning on March 24, 2014 in Cecil
County, Maryland. Three plaintiffs sued
multiple vehicle operators for negligence in a multi-vehicle accident that occurred
on a bridge with black ice in late November, 2008. Mr. Andersen defended
the driver directly behind the plaintiffs’ vehicle and, therefore, was the lead
defense attorney in cross-examining Plaintiffs and calling witnesses.
Mr. Andersen vigorously argued
that the incident was an unavoidable accident due to unknown treacherous road
conditions that formed shortly before the accident. In proving this theory, Mr. Andersen argued
that none of the drivers had any difficulty driving earlier that evening until
they reached the bridge. Through his zealous advocacy Mr. Andersen successfully
elicited testimony from the plaintiff driver that she applied her brakes on the
middle of the bridge and slid sideways even though the nearest vehicles in
front of her were already leaving the bridge. This defense was further
strengthened as the investigating officer called to the accident scene slid
somewhat when he came onto the bridge and applied his brakes.
After a mere 25 minutes the jury
returned with a defense verdict for all defendants on the basis that as Mr.
Andersen argued, this was an unavoidable accident.
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