The law firm of Kobs & Philley is happy to announce another successful resolution for the Plaintiffs in a case filed in Simpson County Circuit Court. In this case, Plaintiff was operating his 18 wheeler on highway 49 when a delivery truck abruptly and without warning merged into Plaintiff's lane of traffic. Because Plaintiff did not have sufficient time to react, Plaintiff's 18 wheeler struck the back of the delivery truck driven by Defendants. The day after the automobile accident, Plaintiff visited his treating physician where he was diagnosed with an aggravation to a pre-existing disc bulge at the L4-5 level. Plaintiff received conservative treatment for several months, which did not provide much relief. Eventually, Plaintiff became a candidate for surgery.
As a result of Plaintiff's injuries suffered in the automobile accident in Simpson County, Plaintiff was forced to file a lawsuit. Defendant aggressively defended the action by arguing that Defendant driver had the right of way once he merged lanes. Defendant relied on the accident report that had placed fault on Plaintiff. In response, Kobs & Philley hired an accident reconstructionist who determined that Plaintiff did not have sufficient time to react in order to avoid the collision. In depositions, Defendant driver conceded Plaintiff's expert's conclusion that Defendant failed to provide Plaintiff with sufficient time to react to Defendant's lane change. Defendant testified that almost immediately after merging lanes, he attempted to make a left hand turn. Because it was raining at the time of the accident and because Plaintiff's 18 wheeler was loaded to capacity, Plaintiff did not have sufficient time to react to avoid the collision. Further, the Mississippi Highway Patrolman who investigated the accident admitted that the conclusions on the accident report were made in error. As a result of Defendant's concession and after a hard fought litigation, Kobs & Philley, PLLC, were able to negotiate a settlement on the Plaintiff's behalf for over $160,000.00. The settlement included Plaintiff's claims against his employer for worker's compensation benefits.