Hill v. Go Green Solutions
Our office assumed this case three weeks prior trial. Prior to our firm's substitution as counsel for the defendant, the trial judge on the case previously ruled that the defendants were subject to an Exclusion Order, which prohibited defendants from introducing any evidence, witnesses or experts on their behalf.
This action arose out of an automobile/bicycle collision that occurred on Highway 111 in Palm Desert. Plaintiff alleged that defendant truck driver, an employee of defendant Go Green Solutions, was driving a recycling truck westbound on Highway 111 when the truck driver unexpectedly swerved into another lane to avoid rear-ending a vehicle in front of him and, in the process, collided with Plaintiff who was riding a bicycle traveling in the same direction. The truck driver disputed plaintiff’s version of the events. Plaintiff’s counsel argued that the plaintiff, a prolific bicycle racer, sustained a traumatic brain injury and could no longer participate in competitive bicycle racing events.
In spite of the court’s Exclusion Order, defense counsel was able to introduce social media content as impeachment evidence showing plaintiff did, in fact, compete in cycling competitions after his injury and participated in multiple day cycling events, some over 300-400 miles in high mountainous areas of the country, as well as Canada.
Plaintiff’s counsel asked for $7.4 million in closing.
After an 11-day trial, the jury returned a defense verdict 12-0 after deliberating for 25 minutes.