Fall 2018

F&P Case Spotlight: F&P Secures Defense Verdict in Prince George’s County MV Liability Trial

F&P attorney Imoh Akpan recently obtained a defense verdict following a jury trial in the case Simpson, Cheree v. Butch Lewis Truck Company in the Circuit Court for Prince George’s County. The case arose out of a February 26, 2016 motor vehicle accident that occurred in a traffic circle in Washington, D.C. The Plaintiff, Cheree Simpson (“Plaintiff”), sought damages for injuries she allegedly sustained when Defendant Butch Lewis Truck Company’s driver struck Plaintiff’s vehicle while both were maneuvering through the traffic circle. There was no evidence that the Defendant’s vehicle made contact with the body of Plaintiff’s vehicle; the minimal property damage (totaling less than $1,000) was limited to the passenger side mirror of her vehicle.  Although she did not report any injuries at the scene, Plaintiff sought medical treatment, beginning eight (8) days after the accident, alleging to have suffered injuries to her lower back. Plaintiff sought damages at trial for past medical expenses, past lost wages, and pain and suffering.

At trial, Mr. Akpan was able to show through effective cross-examination of Plaintiff and her medical experts that Plaintiff’s claimed injuries were unrelated to the subject accident. Mr. Akpan effectively highlighted the minimal property damage to Plaintiff’s vehicle, the low-impact nature if the accident, Plaintiff’s eight (8) day delay in seeking medical treatment, Plaintiff’s report of no injuries on the scene, and Plaintiff’s medical expert’s lack of knowledge of Plaintiff’s medical history, significantly undermining the expert’s causation opinion, to obtain a favorable result.

Following the close of evidence and closing arguments, the jury returned its verdict in favor of Defendant, finding Defendant was negligent in the operation of his vehicle, causing the subject accident, but that Defendant’s  negligence was not a proximate cause of Plaintiff’s claimed injuries.