Brent Berry, one of our Oklahoma City litigation attorneys, won a trial on Tuesday, July 8, in Cleveland County, Oklahoma, regarding a case that reflects many parents’ worst nightmare.
On June 29, 2005, Brent’s client, a 10-year-old girl, was crossing the street after purchasing an ice cream treat from the neighborhood ice cream truck. A witness testified that the girl stopped and looked both ways before stepping into the street. Unfortunately, the defendant was driving too fast and too close to the ice cream truck while talking on his cell phone, disregarding the truck’s flashing lights and extended stop sign. As a result, he ran into Brent’s 10-year-old client in the middle of the street, knocking her up onto the hood of his vehicle. As the vehicle came to a stop, she was thrown off the hood, ending up about 40 feet away from where she was hit, with multiple areas of road rash and a concussion, but fortunately no life-threatening injuries or broken bones. She was taken to the emergency room and released without further treatment. Her medical costs reached almost $10,000.
Although the defendant claimed that the girl darted out in front of him and that there was nothing he could do to avoid the impact, Brent was able to convey the facts of the case and present the evidence in such a way that resulted in a comparative verdict in favor of his client. This means that, while the court found that each party bore some degree of fault, the greatest degree of fault was laid upon the defendant. Before trial, his insurance company had offered only $12,500 to settle the claim. The verdict resulted in an award of approximately $32,000 on the part of the defendant.
Again, congratulations, Brent Berry — good job!
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