Kevin P. Kennedy (Defendant, Sontina Clark Rose); [Defense Verdict]
This case involves an allegation that Plaintiff, while backing up out of a parking stall struck Plaintiff/pedestrian as he was walking behind her vehicle. Plaintiff, Jose Rodriguez was represented by Jodi L. Doucette with Bohdan & Doucette, LLP. Kennedy & Souza was retained to represent Defendant, Sontina Clark Rose in this matter.
With Defendants’ policy limits being $100,000/$300,000, Plaintiff made an immediate demand of the policy limit in the amount of $100,000 in light of the fact that Plaintiff incurred approximately $59,000 in emergency bills on the day of the subject incident. Both liability and damages were at issue in this matter. Specifically, Defendant contends that Plaintiff failed to pay adequate attention to vehicles backing up while he was walking through a busy parking lot. With respect to Plaintiff’s alleged injuries, it was Defendant’s position that Plaintiff, at the very least exaggerated the nature and extent of injuries sustained in this alleged incident.
During the course of discovery defense obtained subrosa on Plaintiff which revealed his ability to lift heavy containers of paint and oil products from Home Depot which was later used to impeach him during trial.
The jury returned a defense verdict in favor of Ms. Rose and awarded costs to her in the amount of approximately $40,000.