Trucking - Favorable Resolution

Mr. Cherry took over the defense on tender to the excess insurer two weeks before trial of the claims of two women, who struck a turning truck with their car, presenting physician-supported claims of progressive eye injuries and back and neck injuries allegedly worth $3 million. With procedural maneuvering to gain time, and with careful expert evaluation and additional discovery locating hidden drug use information, the client was extricated for no payment. In another case, he recently developed defenses exculpating a small owner-operator for liability arising from the suspension failure of his trailer that catastrophically failed and left debris on the road, causing an accident, resulting in a favorable resolution of serious personal injury claims.    

He recently developed a powerful medical causation defense to rebut the claims of a woman that her total knee replacement operation was caused by a rear-end collision, resulting in a very favorable case resolution; and was able to extract an owner-operator from liability by executing a conspicuity test that disproved the rear-ending driver’s claims of poor visibility at night and failure to comply with federal minimum equipment regulations.