Client Wins
Waters & Gilman Affirmance = Favorable Case Law When Video Evidence Directly Contradicts Plaintiff’s Claim of Injury
Jason Waters (Partner-McLean, VA) and Lauren Gilman (Associate-McLean, VA) won affirmance in the District of Columbia Court of Appeals from a Superior Court order granting summary judgment to our common carrier client. In his complaint, the plaintiff, a passenger on our client’s bus, alleged that he was injured when the bus operator negligently braked to avoid colliding with a vehicle. However, video evidence from the bus established that the passenger’s body barely moved when the bus braked. In affirming the trial court’s order granting summary judgement, the Court of Appeals agreed that the video evidence was sufficient to find that the plaintiff could not establish he was injured in the accident. The video showed that the minor collision “had almost no effect on him physically” and he did not exhibit any discomfort in the collision’s aftermath. Notably, the Court of Appeals also gave weight to the fact that the plaintiff did not speak with police about his injuries, directing attention to the police report from the incident that indicated nobody at the scene reported any injuries. Together, the court found that evidence demonstrated no genuine dispute of material fact, and the grant of summary judgment was proper. The opinion provides favorable case law moving forward in the District of Columbia for when video evidence directly contradicts a plaintiff’s claim they were injured, even when a plaintiff has subsequent medical records showing that he sought treatment for injuries.
Jason R. Waters and Lauren E. Gilman