It was alleged that on a dark winter night in 2021, the defendant’s tractor trailer abruptly changed lanes on an interstate highway, pushing the plaintiff’s vehicle against the guide rail and causing it to ricochet and spin across multiple lanes and then ricochet again off the opposite guide rail, before coming to rest hundreds of feet away from the initial impact. The plaintiff was a foreign language teacher at a prestigious private school who alleged multiple physical, emotional and brain injuries. Plaintiff’s counsel brought suit years after the initial incident, hoping to build up a record of treatment and to set the stage for spoliation and punitive damage claims.
The defendant driver no longer worked for the carrier and had lived a “colorful” life. The client authorized a thorough investigation of company document sources and extensive deposition preparation of the company representative and their former driver, including an investigation revealing his Interstate history of prior escapades. Despite aggressive questioning of the defendants at their depositions, the plaintiff’s counsel was unable to procure potentially inflammatory testimony or poof of spoliation. The depositions were followed by a voluntary protected confidential settlement conference, whereat empathic personal overtures to the plaintiff from the client’s representative produced a very reasonable settlement prior to both sides incurring the expense of expert depositions and trial.