Baker Sterchi successfully defended a retail client in a personal injury lawsuit at a three-day trial in the Western District of Missouri. Plaintiff, whose van was serviced by our retail client with an oil change and tire rotation, claimed personal injuries from an incident that occurred three days after the service, when her hood flew open, shattering the windshield and blocking her forward view. With her forward view blocked, plaintiff lost control of the vehicle, veered into oncoming traffic, and went off then back onto the road. Plaintiff’s claimed injuries included lacerations to her arms, face, chest and head, a fractured hyoid bone with surgical repair, whiplash, and PTSD. She claimed permanent problems swallowing and speaking even after the surgery.
The defense was that the hood was properly closed, that plaintiff’s throat injury could not have occurred the way she claimed (strangled by shoulder harness during accident), and that plaintiff was an opioid drug seeker from prior injuries to her neck that were over 12 years old. The jury returned a defense verdict for our retail client.
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