In February of 2012, Scott McKenna was able to obtain a favorable result at a binding arbitration of an auto vs. bicycle negligence case. In February of 2012, Scott McKenna was able to obtain a favorable result at a binding arbitration of an auto vs. bicycle negligence case.
02/10/2012In February of 2012, Scott McKenna was able to obtain a favorable result at a binding arbitration of an auto vs. bicycle negligence case.
The plaintiff on the bicycle claimed that he had the right of way at a 4-way stop and that Scott's client struck him with his SUV. Scott argued, supported by eyewitness testimony, that the plaintiff did not stop at his stop sign and was not paying attention to traffic, thus riding in front of the defendant when the defendant had almost cleared the intersection. The plaintiff sustained a fractured pelvis, claimed $20,000 in specials and asked for $200,000 at arbitration. Scott argued these injuries were exaggerated and plaintiff was not injured to the extent claimed. The arbitrator entered an award of only $28,000 for the plaintiff, slightly more than the medical bills, after finding that plaintiff was 40% at fault for the accident.