Partner Kristen B. Degnan and Paralegal Bobbie Jo Keller obtained trial verdict of no cause of action in the Batavia case of Failing v. Castner. The plaintiff alleged injuries stemming from a motor vehicle accident due to white out conditions. Plaintiff was initially involved in a one car roll over accident. A good Samaritan off duty EMT stopped to assist and placed plaintiff in the backseat of his vehicle, parked on the side of the road. White out conditions continued when defendant driver then struck the parked vehicle head on. Plaintiff alleged her injuries all resulted from the second accident. After a summary jury trial, the jury returned a verdict of no cause, finding that defendant driver was not negligent under the circumstances.

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Brown & Kelly LLP

Brown & Kelly LLP