By Buzz English, Partner
English, Lucas, Priest and Owsley, LLP
In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right.
In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial.
Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her. Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months. Prior to trial, she claimed Magazzeni ran a red light and hit her. At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her.