Bike Accident. Photo: Shutterstock.comJury Agrees Truck Driver Didn't Have Time to Avoid Bicyclist
The jury finds no negligence by the truck driver in the case of a bicyclist who was hospitalized for more than a month.
October 14, 2019 at 02:00 PM
1 minute read
MOTOR VEHICLE
HILLSBOROUGH CIRCUIT COURT
A jury rejected the claim of a bicyclist who was struck by a dump truck in a Tampa crosswalk in October 2015.
Gerald McIntosh was hospitalized for more than a month with multiple injuries, including a pelvic fracture and a lacerated liver. He sued the truck driver and his employer.
McIntosh could not remember the accident, and the defense objected to an attempt by McIntosh's counsel to introduce evidence showing that he had a habit of obeying the 'Don't Walk' lights.
The defense claimed the evidence was inadmissible, and the court sustained the objection. The jury ruled there was no negligence by either the driver or his employer.
Case: McIntosh v. Whitt
Case No.: 18-CA-002224
Plaintiffs attorneys: Jamie A. Sasson and Peter D. Ticktin, The Ticktin Law Group, Deerfield Beach
Defense attorneys: Michelle M. Bartels and Daniel A. Shapiro, Cole, Scott & Kissane, Tampa
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