Unanimous Defense Verdict Awarded in Million Dollar Construction Zone Case

May 1, 2009

M&C’s Las Vegas office had cause to celebrate when--in less than three hours--a jury returned a unanimous defense verdict in favor of its client, Advanced Traffic Safety (“ATS”). During the nine-day trial, co-tried by Michael J. Nunez and Robert H. Panman, the jury was asked to award over $1.7 million dollars in damages for plaintiff’s alleged brain injury and spinal damage.

The plaintiff’s case centered around events of October 2003 during his drive home on surface streets in Las Vegas. As the plaintiff made his way through a construction zone and into a T-intersection, he moved from his lane of travel to a paved shoulder lane to his right. Following this move, plaintiff’s vehicle collided with another vehicle. The other vehicle was driven by a job foreman of the general contractor who had just left the work site. ATS was responsible for the traffic safety devices in the construction zone.

Plaintiff argued that the construction signs and cones in the area, and ATS’s failure to exercise reasonable care in the design, implementation and maintenance of the traffic control devices caused this accident. The general contractor and its job foreman also sued ATS.

At trial, M&C was able to show that ATS properly used and maintained the traffic control devices at the site. In addition to disputing liability, Nuñez and Panman presented evidence to the jury which called into question the nature and extent of plaintiff’s injuries. As a result of its win, M&C is currently making a motion for its attorney’s fees and costs.