Plaintiffs were the adult children of a man is his late 50’s who was killed while riding through a construction zone when he lost control of his bike due to uneven pavement.
The Construction company defended the case by claiming that the accident was strictly the decedent’s fault. There was no indication that the uneven pavement caused the decedent’s fall, and that the decedent’s fall was caused due to inattention, and he would not have died, or even been seriously injured, if he had been wearing his helmet.
Winer, McKenna & Burritt, LLP, performed an investigation and discovered that other than not wearing a helmet, plaintiff was driving his bicycle appropriately and it was the uneven pavement, as opposed to the decedent’s inattention, which caused him to fall off his bicycle. The law firm could not deny that he was not wearing his helmet, and therefore retained an expert who put into doubt defendant’s theory that decedent would not have been seriously injured or died if he had been wearing the helmet.
RESULT: Settlement on behalf of plaintiff for $275,000