February 7, 2020 – Partner Jay Eidex tried a case in the State Court of Hall County arising out of a an accident that occurred on April 8, 2013 on Highway 60 in Gainesville at the interchange with I-985. Liability was disputed in the case.
The Plaintiff was a taxi cab driver and he alleged that he was proceeding straight on Highway 60 with a green light across the highway when the Defendant failed to yield, turning left in front of them in an attempt to enter I-985. A witness later came forward several weeks after the accident to support that account. The Defendant contended he turned left on a green arrow and the Plaintiff’s vehicle ran a red light causing the collision. The collision was significant. Due to the conflicting accounts, no citations were issued.
The Plaintiff sustained a skull fracture and complained of low back pain. His treatment consisted of emergency room treatment on the date of loss, follow up visits related to the fractured skull and Physical Therapy for his low back pain. His total medical bills were approximately $20,000.
At trial, the Plaintiff called his passenger and an independent witness to corroborate his account. However, his passenger was impeached based upon the fact that he had also made a claim and in a prior deposition had testified that the Plaintiff had run the red light. Additionally, the independent witness was impeached and it was unclear that he had actually witnessed the accident.
The primary focus of the case was on the issue of negligence/liability. The jury deliberated for less than an hour and rendered a defense verdict.
The case is Jose Mejia v. Mark Cohea, State Court of Hall County, CAFN: 2013SV659Z
