Bottomley Distributing of Milpitas found negligent for injuries caused to an innocent motorcyclist by Bottomley's beer truck driver.
San Jose, California (PRWEB) February 13, 2009 -- A Santa Clara County Superior Court jury on February 4th, 2009 awarded $1.85 million to a severely injured client jointly represented by the law firms of Corsiglia, McMahon & Allard in San Jose, CA and Kirby, Kirby and Kirby of Redondo Beach, CA. Case No. 1-07-CV-088642. Lead trial attorney B. Robert Allard presented facts to the jury that his client, David Allen, would be facing a lifetime of medical care and unnecessary suffering due to the carelessness and negligence of Bottomley Distributing Company, Milpitas, California.
Allen was injured on May 30, 2007 when his motorcycle collided head-on with another vehicle due to the careless operation of a beer truck owned by Bottomley Distributing. The driver of the beer truck attempted to make a u-turn in the middle of a busy residential street and ended up blocking traffic as he could not navigate the u-turn. The beer truck driver then proceeded to direct traffic from the inside of his truck, signaling a car to go around the back side of his truck and straight into the oncoming path of the motorcycle driven by Allen.
The head-on crash resulted in Allen receiving numerous major injuries requiring extensive surgery. Bottomley Distributing tried to evade responsibility by denying it was at fault, then offering Allen $100,000 to cover his past and future medical expenses. "The amount offered was a travesty of justice as it would not cover even half of Allen's medical expenses," said Allard.
Allard attempted to negotiate with the insurance company to no avail. Fighting for his client, Allard, who was assisted by attorney Steven Kirby, took the case before a Santa Clara County jury, which found Bottomley Distributing at fault and 100% responsible for Allen's injuries.
Allen received a little over $250,000 for past and future medical expenses plus another $1.6 million in pain and suffering. Allard pointed out to the jury that the insurance company lawyers spent $100,000 for just two months of work in trying to get Bottomley Distributing "off the hook" while Allen would have to endure 26 years of painful living with his injuries. The jury was unanimous in punishing Bottomley by awarding Mr. Allen $1.6 million for that pain and suffering.
Allard attributed this astounding result directly to his client. "I was fortunate to represent a man who refused to let this horrible accident ruin his life. Instead of complaining about his condition and exaggerating about his injuries, he fought through and refused to quit. I think the jury saw that and wanted to go to bat for that man, which is obviously what they did," said Allard
This is Allard's third million dollar plus verdict in the last three years on behalf of clients unable to afford the representation to take on insurance companies. "Injury victims need to understand that insurance companies are in business to make money and not give it away," said Allard. "Our law firm, Corsiglia, McMahon & Allard is in business to ensure that injury victims get fair compensation from insurance companies for their injuries and suffering."
Allard is the 2007 Trial Lawyer of the Year as named by the Santa Clara County Trial Lawyers Association. Corsiglia, Mc Mahon and Allard, which handles virtually every aspect of personal injury litigation, has a proven track record of achieving justice for those who are not treated fairly by insurance companies. More information about this firm can be obtained at Corsiglia, McMahon & Allard.
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[Via Legal / Law]
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