GMR Senior Counsel, Certified Civil Trial Attorney Keith Bursack, won a remote jury trial on liability in Hudson County, NJ. Before the trial, the plaintiff stipulated to damages under the insurance policy limits. Plaintiff contended defendant was negligent in failing to have his headlights on at 6:00 p.m. Defendant asserted it was light out at the time of the accident, which occurred ninety minutes earlier than the plaintiff claimed in contradiction to the police report and ambulance records. Defendant contended plaintiff was negligent in failing to make proper observations while making a left turn. Keith cross-examined the plaintiff about inconsistencies between her deposition and trial testimony.
The jury found both parties negligent and split the negligence 60% for the plaintiff and 40% for the defendant. This verdict was a ‘no-cause’ for the defense as the plaintiff had more liability for the accident than the defendant.