Monthly Archives: June 2012

Josh Breithaupt obtains a Defense Verdict in a Transportation Personal Injury Claim

Gloria Ramirez and Jose Luis Rodriguez v. Lance Kaden

PS Associate who tried case: Josh C. Breithaupt

We represented: Defendant Lance Kaden

Venue: The City of St. Louis, Missouri

Facts:  Plaintiff Gloria Ramirez alleged various personal injuries arising from a motor vehicle accident with defendant Lance Kaden that occurred at the intersection of Loughborough Avenue and the onramp to Interstate 55 South in St. Louis, Missouri.  The motor vehicle collision occurred on April 27, 2010 when plaintiff attempted to execute a left turn in front of eastbound traffic on Loughborough to enter onto the Interstate 55 South onramp.  Plaintiff testified at trial that she had a green arrow controlling her left turn lane immediately prior to the collision.  As a result, she argued that she had the right of way through the intersection.  Defendant Lance Kaden disputed this claim, and testified that he had a solid green light controlling his lane of traffic on eastbound Loughborough through the intersection.  Defendant did admit that he took his eyes off the intersection when he dropped a pen or pencil in his lap immediately prior to the collision.

As a result of the accident, plaintiff Gloria Ramirez claimed medical expenses of $5,000.  Additionally, plaintiff Jose Luis Rodriguez sought $10,000 in property damages to the Ford F-150 that he owned, and plaintiff Gloria Ramirez was driving at the time of the accident.  Plaintiffs’ counsel asked for an amount “up to $100,000” for the two claims in his closing argument to the jury.

Last Settlement Demand Prior to Trial: $22,000

Last Settlement Offer: None

Verdict:  Defendant’s Verdict

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