Michael Cowen · Malorie Peacock
How Michael Cowen and Malorie Peacock got a $4 million verdict for the death of a driver who rear-ended a tractor trailer
August 30, 2024 5:30 PM||TLU n Demand
At first glance it appeared to be an unwinnable case.Robert Buntyn rear-ended a tractor-trailer.He never hit his brakes or steered to avoid the impact.The truck driver claimed to have been stopped with her hazard lights on due to her brakes locking up.The police found Robert to be 100% at fault and put no blame on the truck driver.
But relentless discovery combined with a thorough investigation revealed that the trucking company was hiding its culpability.We learned that the brake issue was caused by the driver running over an object and shearing off one on the brake lines.She never noticed hitting the object because she was talking on her cell phone.The brake issue only affected one of the brakes, and testing showed that she still could have pulled the truck to the side of the road.However, she chose to stop in the middle of the road.She claimed that the tractor-trailer stopped on its own due to the brakes locking up; however, the forensic evidence showed that it stopped because she applied the brakes.And the dashcam video showed that she did not have her hazard lights on.
The insurance company made no offers prior to trial.Just before jury selection the adjustor offered $750,000 but he never offered the full $1 million policy.The jury allowed $4 million in wrongful death damages to Robert’s parents.The jury only found Robert to be 10% at fault, and assessed 90% of the blame to the trucking company and its driver.
In this webinar, Michael and Malorie will discuss:
- How they framed the case to focus on the company and driver and overcome comparative fault defenses (they secured only a 10% finding of fault on the deceased);
- How they tried the case efficiently, putting on the plaintiff’s case in only two days;
- Strategic use of expert witnesses to tell a compelling story;
- Using focus groups to build confidence going into trial; and
- Telling the damages story without economic loss.
If you can't attend Live, Watch On Demand