On December 13, 2011, via bench briefs, Attorney Andrew A. Protogyrou successfully defended a rear end collision case. At first, liability appeared to be against the Defendant; however, after interviewing witnesses and research, it was determined that weather and road conditions played a significant factor.
Protogyrou successfully filed a bench brief and argued, based on Supreme Court of Virginia principles, that his client was not negligent because he operated his vehicle within the standard of care required given the hazardous road conditions of snow and ice. Defendant testified he was driving 5 miles per hour and had his lights and windshield wipers on.
Plaintiff’s counsel argued in his brief that his client was not affected by the inclement weather conditions because the vehicle he was in did not skid. Therefore, our client was at fault.
In his reply brief, Protogyrou reiterated the objective standard used by the Court and the fact that the principal inquiry in skidding cases was the operator’s actions prior to the accident. Based on this argument, the Court found our client not negligent. Plaintiff’s medical specials totaled over $30,000.00.
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.