(San Bernardino, CA) (August 5, 2024) –Wood Smith Henning & Berman is proud to report yet another successful jury trial, this time led by trial lawyers Jade Tran and Vanessa Herzog. Together, Tran and Herzog successfully defended a national trucking company and its driver in a challenging jury trial in the San Bernardino Superior Court. This intricate case, which stemmed from a significant accident on the northbound I-15, culminated in the jury determining that the plaintiff driver bore 95% of the liability for the collision.
The plaintiffs, a husband and wife, contended that while returning home at 3:00 a.m. in their Toyota Corolla, they were struck by the defendant's tractor, which was operating without a trailer. Plaintiffs alleged that the defendant driver had drifted from the #4 lane into their #3 lane several times within a minute leading up to the accident, but despite seeing this, plaintiff driver decided to speed up and pass the tractor. Plaintiffs claim the tractor drifted back into their lane while they were attempting to pass it, resulting in a violent impact that severely damaged the passenger side of their vehicle and caused their front tire to fail, leaving them stranded in the middle of the freeway. The plaintiffs claimed multiple orthopedic injuries affecting their neck, back, and shoulders due to the incident.
Throughout the trial, Tran and Herzog vigorously disputed the claims of liability, arguing that Plaintiff driver caused the accident by taking the quickest path vs. the safest path as the freeway was sparsely traveled at 3 am and Plaintiff driver could have easily changed lanes to avoid the collision as he was on notice of the drifting tractor. This pivotal evidence ultimately influenced the jury's decision, leading them to assign the overwhelming majority of fault to the plaintiff driver.
Despite the plaintiffs' initial demand of $6 million in damages, the case reached a resolution after opening statements in the damages phase for a significantly reduced amount, reflecting a fraction of the original demand. “The jury's deliberations revealed a split vote of 8-4 in favor of a defense verdict,” said trial lawyer Jade Tran. Tran, a partner in the Orange County office of WSHB added “However, to avoid a hung jury and subsequent retrial, some jurors decided to switch their votes to find the defendants negligent and negotiate for a low percentage of responsibility, ultimately determining the defendant's liability to be a modest 5%.” The finding of fault took the proverbial wind out of the sails of plaintiff, and they reduced the settlement demand from $6 million to nuisance value.
Tran is an active member of the Orange County ABOTA Chapter and a member of WSHB’s widely sought-after eleventh-hour trial team. With this trial, Vanessa Herzog has now achieved two points towards her ABOTA membership, further solidifying her credentials in the field.
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