Trucking & Automobile Defense
The Firm devotes a substantial portion of its practice to defending transportation industry members in bodily injury and property damage claims arising out of their trucking operations. The Firm also devotes a large portion of its practice to defense of automobile insurance carriers in these claims as well.
Recent Cases
- In a trial in Darlington County, Ron Diegel defended a driver against a claim made by a plaintiff that a rear-end collision resulted in permanent neck and back injuries with total damages in excess of $190,000. Several doctors testified on behalf of the plaintiff. After a three-day trial, the jury returned a verdict of $7,500 which was far below the settlement offer extended to the plaintiff prior to the start of trial.
- Anthony Livoti and Ray Moore tried a serious automobile accident case in Richland County where the plaintiff suffered serious and significant injuries and liability was strongly contested. The parties tried the case on a high/low agreement on the issues of liability only. Anthony and Ray obtained a comparative negligence verdict finding the plaintiff 80 percent at fault, which resulted in the plaintiff receiving the agreed upon low figure.
- Adam Neil obtained a defense verdict in Richland County in a case involving a rear-end automobile collision. The plaintiff claimed to have been rear-ended twice in the same accident. First by the co-defendant and again after Mr. Neil’s client rear-ended the co-defendant. Although the plaintiff testified that he only recalled one impact and that he could not identify any additional damage or injury based upon a second impact, the co-defendant claimed that Mr. Neil’s client had pushed him into the plaintiff’s car. Although the jury found in favor of the plaintiff in his case against the co-defendant, the jury exonerated Mr. Neil’s client from any fault. Lewie v. McCown
- Ron Diegel defended a trucking company and its driver in a lawsuit, which alleged the company’s driver had failed to yield the right-of-way to a driver in an oncoming vehicle. Although the company’s driver admitted to having seen the oncoming vehicle before attempting to pull across the highway and later pled guilty to failure to yield the right of way, the defense was able to establish, through the use of accident reconstruction experts and toxicology experts, that the driver of the oncoming vehicle was speeding and possibly under the influence of alcohol at the time of the accident. After two days of trial and numerous motions regarding the admissibility of evidence and testimony, a favorable settlement was achieved which was well over a million dollars less than the plaintiff’s pre-trial demand.
- Ron Diegel defended the South Carolina Department of Transportation in a negligence lawsuit where the plaintiffs claimed that the Department of Transportation had failed to timely install median cable barriers to prevent highway crossover collisions. In this particular case, two people died and two other people were seriously injured. The jury returned a defense verdict after concluding that the Department of Transportation did not act negligently and had complied with all applicable highway safety standards.
- In an automobile accident case tried in Richland County, Brent Boyd obtained a defense verdict in a claim made against a local municipality for an accident involving one of its police officers. The plaintiff claimed the officer was negligent for striking him while in pursuit of a suspected shoplifter.
- In a trial held in Richland County South Carolina, Ron Diegel defended the driver of an automobile involved in a wreck against a plaintiff who claimed she sustained a herniated disc in her back, a neck injury and glass in her eyes. The plaintiff also claimed she was unable to work as a result of the accident. Though the plaintiff's treating orthopedist initially opined that the wreck caused the plaintiff's injuries and that surgery was warranted, Ron established through cross-examination of the orthopedist at trial that the plaintiff's testimony was inconsistent and necessarily contradicted the orthopedist's understanding of how the wreck occurred. The orthopedist then changed his opinion and testified that the wreck may not have caused the herniated disc. After a 2 1/2-day trial, the jury returned a defense verdict.