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Burd, O’Brien Obtain Summary Judgment in Catastrophic Motor Vehicle Accident Case

April 13, 2021

James M. Burd (Partner-Louisville, KY | Nashville, TN) and Edward M. O'Brien (Of Counsel-Louisville, KY | Merrillville, IN) obtained summary judgment for the driver of a large truck involved in a catastrophic motor vehicle accident case filed in Kentucky State Court. The driver of the other vehicle alleged a traumatic brain injury and complete disability, and sued to recover $4.5 million in medical expenses and lost earnings, and $18 million in pain and suffering. The plaintiff had no memory of the incident, all eyewitnesses identified the plaintiff’s own negligence to be the sole cause of the collision, and there was evidence that the plaintiff may have been under the influence of prescription narcotics at the time of the accident. After discovery, the court granted Jim and Eddie’s motion for summary judgment (exceptionally rare in collision cases in Kentucky), finding that “no reasonable juror could or would find [the defendant] negligent or at fault for the subject accident based on the evidence of record.” The court further found that the plaintiff had “sufficient time and opportunity to conduct discovery and develop proof of his claims,” but had failed to do so.

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