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Transportation Representative Cases

  • Secured a defense verdict for an insurance company client and its insured party. The plaintiff asked for $1.8 million in damages. The case involved a 20-year-old male who was riding a moped and collided with our client, the driver of a Harley-Davidson motorcycle. The plaintiff claimed that the driver of the Harley-Davidson crossed the center line, passed an automobile, and when the plaintiff went to make a left hand turn, struck the plaintiff on his moped. Plaintiff filed a suit for liability and damages arguing that the accident with the Harley-Davidson caused him to shatter his pelvis, suffer a compression fracture of his spine and later develop chronic regional pain syndrome to his left foot. The defense successfully argued that the plaintiff was riding the “fog line,” made no indication that he planned to make a left-hand turn, and veered left and struck the defendant’s motorcycle as he attempted to pass.
  • Obtained summary judgment in wrongful death action pending in federal court on behalf of trucker and trucking company in which the plaintiff alleged that defendant improperly merged in front of an oncoming tractor trailer.
  • Obtained a favorable result for a trucking company in federal court in South Bend, Indiana. In this case, the trucking company admitted fault, as its driver, who died as a result of the accident, rear-ended the plaintiff. The plaintiff was also in a semi-truck and stopped at a red light when the collision occurred. After a five-day jury trial in which the plaintiff asked the jury for $1.75 million, the jury returned a verdict of only $300,000. At a mediation before the trial, our client made a settlement offer of $450,000, but the plaintiff refused to drop his demand below $850,000.
  • Obtained defense verdict in rear-end accident case by establishing that a plaintiff's claims were fraudulent and based on pre-existing conditions unrelated to the incident in question.
  • Represented commuter railroad in various proceedings before the Indiana and Illinois Supreme Courts, and served as lead counsel in class action litigation involving claims of more than 200 passengers injured in the collision of two commuter trains.
  • Obtained summary judgment in wrongful death case involving a 24-year-old Academic All-American swimmer who pulled out from a stop sign into the path of a loaded refuse vehicle whose driver had admitted to speeding at the time of the accident. J&B established that the plaintiff decedent's conduct was not only the cause in fact of the accident, but also that her contributory fault was more than 50 percent the cause of the accident, thus barring her claim despite the speed of the defendant driver.
  • Represented over the road and local trucking companies and logistics companies in numerous catastrophic injury and wrongful death actions pending in state and federal courts.
  • Obtained summary judgment on behalf of the bus manufacturer in a wrongful death/product liability action involving a six year-old boy run over by a school bus.
  • Won favorable defense verdict in case in which a truck driver cut in front of a motor cyclist causing alleged severe brain damage by establishing at trial that the plaintiff's functional levels were much greater than he claimed.

Johnson and Bell

Johnson and Bell