Surry County jury denies damages in garbage truck negligence case
His client,
In the trial, which began
A trooper with the N.C. Highway Patrol Motor Carrier Enforcement walked the jury through a video he had made at the scene, pointing out 16 code violations on the garbage truck.
"It was bad,"
An affidavit was entered by an expert who had reconstructed the accident and determined the skid marks at the scene exactly lined up with where the truck would be if the lights hadn't been working.
A neuropsychologist testified that the accident had caused Beamer to lose 19 IQ points, and that his cognitive function would never improve.
Beamer himself testified that the truck's lights weren't on.
"This case comes down to credibility," Vermitsky stated during closing arguments, when he would ask the jury to award his client about
For the jury, who declined to award Beamer any amount, the case came down to common sense.
"There was no way that truck did not have any lights on," said
They determined it too unlikely that the truck would have been out on the road for more than an hour after dark with no lights. They believed the truck must have been visible enough for Beamer to stop in time, or the garbage men would have been "fumbling around" in the dark.
Thompson said the jury also considered testimony that a downward pointing work light was on before the accident, so that even if the tail lights were out, the garbage men would have had enough light to work, which would have been visible to Beamer.
Though the jury found that the plaintiff, through his own negligence, had contributed to his injury, which ended the lawsuit, jurors first found that Mt. Pilot Garbage had been negligent.
"He had a lot of DOT (
Outside the jury box
The jury was not privvy to a few aspects of the case. While Mt. Pilot Garbage Service was the named defendant in the case,
Additionally, the
Though the trooper was permitted to testify regarding his observations, his opinion regarding the lights was not allowed.
Because there was no evidence of clinical impairment, the defense was prevented from referencing Beamer's blood alcohol concentration, which was at about 0.06 percent (he legal limit in
Though Beamer testified that he had a prescription for fentanyl patches, Thompson said the plaintiff's medications that did not factor into the jury's decision.
"Some of his injuries were from prior accidents, and that did have an effect on the jury," he said.
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