Jason Waechter
$27M Motorcycle Injury Jury Verdict Against Distracted Driver on Cell Phone
March 19, 2025 5:30 PM||
On May 19, 2022, near Grand Rapids, Michigan, a tragic crash occurred involving a social worker employed by Catholic Charities, a nonprofit organization. The social worker, while checking her blood glucose level on her cell phone, veered left of center on a two-lane country road. Over a small crest of a hill, she collided with an oncoming motorcyclist, resulting in severe injuries to the rider.
Injuries and Damages
The motorcyclist suffered extensive injuries, including:
- Multiple fractures on the left side of the body
- Open reduction and internal fixation (ORIF) surgeries to hip, hand and elbow
- Shattered leg leading to above-knee amputation
Legal Challenges and Defenses
The case presented numerous challenges:
- Conservative venue
- Plaintiff's lack of proper motorcycle license
- Positive THC test for the plaintiff
- Defendant's nonprofit status
The defense attempted to argue comparative negligence and failure to mitigate damages, citing the plaintiff's cigarette smoking, marijuana use, opioid seeking, failure to treat and negative entries in his medical records.The Legal Strategies Employed included:
- Effective Use of Demonstrative Aids: Contrasting good vs. bad PowerPoint presentations in trial. A demonstrative aid you will want to use in every trial will be disclosed and shared.
- Countering Last-Minute Defense: Techniques to overcome a sudden "we are sorry" defense
- Admitting Critical Evidence: How cell phone distracted driving evidence was introduced despite a late admission of liability
- Insurance Discovery: Methods for uncovering all available insurance
- Leveraging Big Data: A Big Data focus group was conducted prior to trial.Its amazingly accurate forecasts will be covered.Its information was key when negotiating high/low agreement, motions in limine and turning down a $5M offer.
- How to Ask for Money: Three innovative approaches to determining specific damage amounts
Jury Verdict
Despite these challenges, the jury returned a $25M verdict to the motorcyclist and $2M for his wife’s Loss of Consortium Claim.This record-breaking Michigan jury verdict that was totally comprised of noneconomic damages.
If you can't attend Live, Watch On Demand