July 24, 2009 : Insurer Prevails in UM Trial
An Atlantic County jury ruled that a "phantom" waver was not responsible for causing a motor vehicle accident, resulting in a no-cause verdict for Teachers Insurance Company.
The case involved an accident that occurred on West Avenue in Ocean City, New Jersey. Plaintiff was traveling southbound on West Avenue, activated her turn signal and stopped to make a left-hand turn into the Super Fresh parking lot. The unknown driver of a blue van traveling northbound on West Avenue stopped and waved Plaintiff on to make the turn in front of his vehicle. As plaintiff turned past the van, her vehicle was struck by an automobile operated by Allstate Insurance Company's insured.
The blue van left the scene and was never identified. As a result, plaintiff sued Allstate's insured in Superior Court and put Teachers on notice of a UM claim due to the negligence of the waver who left the scene. Teachers intervened in the matter pursuant to Zirger v. General Accident. Weber Gallagher partner Laurence T. Bennett filed a motion in limine based upon the recent Supreme Court case of Bardis v. First Trenton Insurance Company, requesting that the jury not be told that he was representing an insurance company but, rather, that he was representing the interests of the unidentified driver. Judge William Nugent granted the motion.
As part of the July 6, 2009 trial, Allstate and Teachers agreed to stipulate to the plaintiff's damages at $77,500. As a result, the trial was as to liability only. After considering testimony from the plaintiff, co-defendant and the investigating police officer, the jury placed 50 percent liability each on the plaintiff and co-defendant and no liability on the waver.
File Under: Results, General Liability, Laurence T. Bennett