.png)
A recent case involving a commercial motor carrier and a motorcycle rider highlights how quickly a claim can unravel once the facts are fully developed. The plaintiff alleged that our client’s 18-wheeler struck him as both vehicles moved through an intersection from adjacent left-turn lanes after the light turned green. From the outset, our position was that no contact occurred and that the incident resulted from the plaintiff losing control of his motorcycle.
As discovery moved forward, several key facts emerged. The plaintiff did not have a motorcycle endorsement and had never received formal training in operating a motorcycle. More importantly, we obtained dash camera footage along with body camera footage from the responding officer. That footage captured multiple witnesses at the scene, including individuals riding with the plaintiff, all stating that he simply lost control of his bike when the light changed and that the truck never made contact with him. These statements were made in real time, before any litigation began, and directly contradicted the allegations in the lawsuit.
There were also issues with the plaintiff’s participation in discovery. After repeated problems, the court awarded attorneys’ fees in favor of the defense. That ruling not only addressed the immediate dispute but also changed the posture of the case as it moved toward deposition.
The case turned during the plaintiff’s videotaped deposition. He was confronted with the body camera footage and the witness statements taken at the scene. The contrast between his testimony and the recorded evidence was significant. After the deposition, we made a direct proposal to resolve the case. The offer was simple: dismissal in exchange for waiving the attorneys’ fees that had already been awarded. There was no offer of payment.
Shortly after that discussion, the plaintiff moved to dismiss his case. The court entered the dismissal within days. The case ended without any payment by the defendants and without the need for further litigation. This result came down to developing the right evidence early, holding the line during discovery, and using the record at the appropriate moment.
This outcome was a direct result of the work of Chartwell attorneys Christopher Dunnells and Mackenzie Ellis, who positioned the case for a favorable resolution without the need for further litigation.
