Vol. 57 No. 5

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper lookout by box truck driver

May 2021

David Bennett, 32, was stopped at a red light at an intersection. Jaron Jarvis was driving a box truck for The Tip of the Scale L.L.C. As Jarvis approached the intersection behind Bennett’s vehicle, he looked up from his GPS device to see Bennett directly in front of him. Jarvis attempted to avoid the collision by veering to the left but collided with Bennett’s truck.

Bennett suffered back, neck, and shoulder injuries, which have led to brachial plexopathy. He received chiropractic care but continues to suffer pain and restricted range of motion. His medical expenses were more than $14,000. Additionally, he is unable to return to his job as a diesel mechanic and now performs warranty work.

Bennett sued The Tip of the Scale, alleging liability for Jarvis’s failure to keep a proper lookout and stop before colliding with the plaintiff’s vehicle.

The jury awarded approximately $570,000, including costs and fees.

Citation: Bennett v. Jarvis, No. 1820452727 (Wash. Super. Ct. Pierce Cty. Oct. 16, 2020).

Plaintiff counsel: AAJ member Ben F. Barcus, Tacoma, Wash.