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.

Tried
April 2001