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Toddy Obtains Defense Verdict in Lackawanna County Trucking Accident

July 21, 2016

On June 9, 2016, after four day of trial in Lackawanna County, PA, a jury returned a verdict in favor of his clients, a regional trucking company, and its driver, in this motor vehicle accident. In this matter, the Plaintiff argued that she was operating her motor vehicle and pulled into the entrance of a Staples parking lot when she observed a stopped tractor trailer. The tractor trailer was stationery in the opposite lane of travel. Observing no signal, Plaintiff proceeded past the truck toward the parking lot. As she did so, the tractor trailer made a right turn directly into Plaintiff’s path.  As a result of the accident, Plaintiff alleged that she sustained injuries to her neck, and back including a transverse fracture.  Further, Plaintiff also sought damages for the spoliation of evidence for the failure of Defendants to retain and produce the driving logs of Defendant Driver for the month preceding the accident to the day of the accident. 

On cross examination, Joe Toddy was able to impeach Plaintiff and establish that when she saw the tractor trailer she was not sure if it was stopped or moving. Consequently, Toddy established that Plaintiff became impatient at which time she passed the tractor trailer on the right and caused the motor vehicle accident. Significantly, Toddy was able to neutralize Plaintiff’s testimony so much that Plaintiff did not call a witness to the accident whom Plaintiff contended throughout litigation supported her position. Toddy presented the testimony of the driver of the tractor trailer to show that he lawfully made a right hand turn within the parking lot. Toddy also used the testimony of the investigating police officer to establish that the driver of the tractor trailer was alert at the time of the accident and not fatigued and that the driver’s logs did not have anything to do with the happening of the accident. After deliberating for less than one hour, the jury returned a verdict in favor of the Defendants.

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