Wisdom v. Ruark

In this case, the plaintiff’s decedent had a box fall off the back of his truck into the roadway at Craft Rd. and Church Rd. He apparently turned his vehicle around to come back and parked in the center median lane just beyond where it becomes a turn lane for the intersection. He had his lights on facing into the oncoming traffic. It was still dark and there was a light rain. He was hit by a vehicle driven by Ruark in the lane near the back end of where his truck was parked. The police department concluded that the pedestrian plaintiff’s decedent was the sole cause in the accident. CGHP opened an estate for the purpose of conducting discovery and POSSIBLY filing a suit. After subpoenas were issued, and the box found on site, we were able to prove that Ruark saw a box in the road and was looking to try to change lanes when he hit Mr. Wisdom. Mr. Wisdom had crossed two lanes picked up the box and was returning to the his truck when he was hit and that although Mr. Wisdom was wearing dark clothes the box had a metal carrying case that would have been visible to an attentive driver. We were also able to locate uninsured motorist coverage on the company vehicle in order to maximize our client’s recovery. The case settled pre-suit for policy limits.

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Every case is different and results depend on their specific circumstances. Prior results do not guarantee a similar outcome.