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Jonathan Franco

Jonathan Franco

$100,077 Raw Verdict – Denied Liability MVA

TLU Icon May 12, 2025 5:30 PM||Zoom Logo

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This case involved Terry Hawk, a Black male plaintiff, who was struck while making a left turn across a highway. The defendant, a white male driver, denied liability, arguing that Hawk turned into oncoming traffic. The incident was captured on surveillance by a nearby shipyard.

Plaintiff claimed that the defendant was in the far-right exit-only lane and left it at the last minute near an intersection, instead going straight and crashing into Plaintiff, who was making a left-hand turn. The defendant, however, claimed he had no reason to make that turn and was simply heading to work which required him to go straight through the intersection. He stated that he only entered the turn lane because he saw Plaintiff inching up at the light to turn across the highway and was concerned that Plaintiff was going to crash into him. Defendant further claimed that he moved into the turn lane to potentially avoid colliding with Plaintiff but quickly realized he could not make the turn at speed.

Plaintiff’s had myofascial neck and hip pain. There was a fracture to part of the lumbar spine that the doctor said could have been due to congenital issues or perhaps due to trauma, but didn’t commit to either.

Defendant denied liability and the pre-trial offer was $12,500 on a $50,000 policy. This was an ultra conservative venue in South Mississippi with a predominantly white republican base. The verdict ended up leaving them in an excess verdict scenario with significant excess liability and facing a bad faith case. They ended up paying well beyond the policy limits to settle the case post verdict.

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