Earlier this week, a state appellate court issued a written opinion in an auto accident case, affirming a jury verdict in favor of the defense. In the case, Marshall v. Peter, the jury determined that the defendant was not negligent when he ran into the back end of the plaintiff’s vehicle as both drivers were stopped at an intersection. The appellate court determined that reasonable jurors could have found that the defendant’s conduct was not negligent, and therefore it affirmed the verdict below.
Marshall was stopped in first position at an intersection, waiting for a green signal. When the signal changed to green, she started to proceed into the intersection with the defendant behind her. The defendant had removed his foot off the brake pedal, but he had not yet depressed the gas pedal when he noticed that Marshall’s car had stopped. He tried to brake but slid on the ice and collided with the rear end of Marshall’s vehicle.
Marshall filed a personal injury lawsuit against the other driver, claiming he was negligent in causing the collision. Marshall was seeking over $200,000 in economic and non-economic damages. The case was submitted to a jury, and it was decided the driver was not negligent. In a post-trial motion, Marshall asked the judge to override the jury’s verdict because “no reasonable juror” could have found that the defendant was not negligent.