Trial victory for Vandeveer Garzia attorneys

Wednesday May 23, 2018

Deloney v Rishmawi

Peter O’Toole and Samantha Boyd obtained a no cause of action in a jury trial seeking automobile negligence damages. The trial was conducted at the Genesee County Circuit Court before Judge David J. Newblatt. This case arose out of a pedestrian versus motor vehicle accident that occurred on January 5, 2016, in Flint, Michigan. As a result of being struck by Defendant’s vehicle Plaintiff alleged to have sustained several injuries that were present since day of the accident. Plaintiff alleged that he sustained a permanent disfigurement to his lip and face due to cuts that resulted from being thrown to the ground. Additionally, Plaintiff claimed to have sustained in a closed head injury that resulted in memory loss and headaches in addition to injuries to his shoulder, knee, and lower back. During the course of the trial we were able to demonstrate that Plaintiff’s medical treatment and testimony from his own physicians failed to show that Plaintiff complained of the numerous injuries. During the cross-examination of the Plaintiff we were able to obtain testimony that showed Plaintiff had continued living his life as he was prior to the accident. A thorough examination of Plaintiff’s ability to continue in school and obtain several occupations following the accident demonstrated that Plaintiff was not entitled to damages. The trial lasted for three days and on May 23, 2018, the jury returned a verdict of no cause of action after a very short deliberation finding that Plaintiff did not sustain a serious impairment of an important body function or have a serious permanent disfigurement.

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