Eamon Merrigan Presents Successful Sudden Emergency Defense

Plaintiff alleged that she was traveling on the Pennsylvania Turnpike, when she and drivers traveling in front of her came upon several large pieces of metal debris on the road.  Plaintiff further alleged that she and multiple drivers in front of her were able to safely stop their vehicles without contacting any debris or other vehicles, but that defendant proceeded to strike the rear of her stopped vehicle at a high rate of speed causing significant property damage and permanent injuries requiring epidural injections and surgery.

On behalf of his client, Mr. Merrigan presented evidence that the large pieces of metal debris had only just fallen onto the road surface, and had yet to come to rest, when defendant encountered them, causing him to swerve into Plaintiff’s lane of travel and strike the rear of her vehicle.  Mr. Merrigan argued that Defendant was faced with a sudden emergency, and that his actions could not be considered negligent.  The jury found that defendant was not negligent.  Just prior to trial, Plaintiff issued a six-figure settlement demand.