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Caption: Tammy, Ryan and Kayla Cobb v. Bryan Scott Goodwin
Cause Number: 22C01-0707-CT-458
Judge: Hon. J. Terrence Cody
Carrier: Motorists Mutual Insurance Company
Claim Representative: Tami Burgoyne
Damages Awarded: None - Defense Verdict
Incurred Medicals: $36,185.55
Trial Attorneys: Tricia Kirkby Hofmann and George A. Budd
Synopsis:
This case arose out of a pedestrian-vehicular accident that took place on February 13, 2007, on Elm Street, in a residential neighborhood one block behind our law firm offices. Kayla Cobb was twelve years old at the time, and was visiting a friend's home. Her mother called her cell phone to tell her that she was on her way to pick her up so they could go home and have dinner. Indeed, dinner was ready and waiting on the table. It was dark outside and raining, and there were no street lights illuminating the street.
Kayla’s mother, Tammy Cobb, stopped her car in the traffic lane on the opposite side of the street. It is undisputed that Kayla walked between two cars parallel parked on the side of Elm Street. She had no umbrella or hood. Seeing a car approach from the left, she let it pass. Then, believing it was safe, she started to cross Elm Street to where her mother’s car was stopped.
Our client, Scott Goodwin, was traveling east bound on Elm Street. Suddenly, he observed Kayla directly in front of his truck. He attempted to brake, but was unable to avoid Kayla. She struck the grill and hood of the truck and sustained a broken nose and soft tissue injuries.
Kayla’s mother and her sister, who was also in the car, alleged before trial that Scott was driving too quickly, and that he did not have his lights on. Scott disputed both these contentions, as did an independent witness who was certain that the headlights were on. During trial, for the first time, Kayla and her family contended that Scott was left of center when he hit Kayla. This allegation was rebutted by Scott, the witnesses and the investigating officer.
Scott Goodwin alleged that both Kayla Cobb and Tammy Cobb bore fault for the accident. The Court refused to give an instruction on Tammy Cobb’s fault, only allowing the jury to apportion fault between Kayla and Scott. On August 28, 2009, after four days of trial, the jury entered a defense verdict on behalf of Scott Goodwin, finding that Kayla Cobb’s actions of darting out in the rainy darkness from between two parked cars was the cause of her injury. A consistent judgment was entered, and the Cobbs elected not to appeal the verdict.
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