US District Court jury returns verdict for defendant, assessing 100% of fault against plaintiff

Partner Keith Cary recently tried a case in Federal Court in Kansas City, Missouri that resulted in a defense verdict. In June of 2008 plaintiff David Bernard and defendant Daniel Engardio were involved in a two-vehicle traffic accident on I-435 in Kansas City, Kansas. Defendant Engardio was entering the highway from westbound I-70 at the same time that plaintiff Bernard was attempting to exit from I-435 onto State Avenue. The two vehicles collided and plaintiff's vehicle veered off the roadway and overturned. Each driver blamed the other for the collision. Plaintiff suffered a T-9 fracture and incurred medical bills of $24,242 and lost wages of approximately $2,000. The pre-trial settlement demand was $80,000. At the conclusion of the trial, the jury returned a unanimous verdict in favor of defendant, finding that plaintiff was 100% at fault for the accident.