Circuit Court Jury Verdict
Andrew A. Protogyrou tried a civil jury on June 13, 2011 in a local Circuit Court. This was a red light/green light accident where the defendant maintained she had the green and plaintiff (a Commonwealth’s Attorney on a motorcycle) could not recall the color of her turn arrow. The defense of contributory negligence was argued and the instruction was ultimately given to the jury.
Plaintiff called three healthcare providers to testify (two medical doctors, and one wound therapist) as well as a traffic engineer. The plastic surgeon was by deposition, the emergency room doctor and wound therapists were live. Color photographs of the wounds were graphic and were repeatedly displayed to the jury. The traffic engineer helped the defense, reiterating a relatively long green light for the defendant and a short green arrow for plaintiff.
Mr. Protogyrou called the investigating police officer and the defendant as witnesses. The police officer helped to discredit the independent witness and bolster the defendant’s version of events by testifying to the witness’ statements given at the scene. The defendant painted a picture of plaintiff taking her eyes off the road, losing slight control of her motorcycle and turning her head around to look at the other riders (who remained stopped in the left turn lane).
After 35 minutes of deliberations, the jury returned with a defense verdict.
Prior to trial, plaintiff’s most recent demand was $90,000. The insurance company made no offer.
All case results depend on a variety of factors unique to each case. These prior case results do not guarantee or predict a similar result in any future case.