| "Rainy Night in Georgia" | | 2/25/2008 | Feb 8, 2008. Shareholder Larry Warren wins trucking case in Brownsville, Tx. After a five day trial a Cameron County jury found no fault on Evenson Trucking Company and its driver Malissa Box. Instead the jury voted 11-1 to place 100 percent of the accident fault on the plaintiff.
March 9, 2005 Malissa Box was west bound on I-10 in a heavy rain when she saw plaintiff Deniss Felix spinning out of control on the left shoulder. Box began breaking and steering to the right when the plaintiff's Toyota pick up bounced off the guardrail and rolled into the path of the Evenson tractor. The pickup was broadsided and the plaintiff ultimately had 81 thousand dollars in medical treatment, including coblation treatment to the C5-6 spine.
Plaintiff claimed that the Evenson Truck had changed lanes to the left and caused her to lose control. She was supported in this position by two friends who were travelling behind her. The defense was able to discredit these two witness by using the trucks ECM and reconstructionist Dr. Eric Moody. This reconstruction evidence supported Ms Box' version of the accident. Plus, the defense established that the plaintiff's two eyewitnesses were one quarter of a mile behind the plaintiff with two 18 wheel rigs between them and the plaintiff.
This one quarter mile distance along with heavy truck spray on this "Rainy Night in Georgia" made these two friends comments highly incredible.
It seems by the time the jury returned its verdict the plaintiff thought "it was raining all over the world". | | |
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