Tuesday, March 21, 2023

Defense Verdict Upheld In Left Turn Motor Vehicle Accident Case (Non-Precedential)

In the case of Wilmer v. Bethman, No. 654 EDA 2022 (Pa. Super. Feb. 21, 2023 Panella, P.J., Bender, P.J.E., and Sullivan, J.) (Op. by Sullivan, J.) (non-precedential), the Pennsylvania Superior Court addressed a Plaintiff’s request a new trial after the jury entered a defense verdict in a case where the Defendant made a left hand turn across the path of the Plaintiff’s vehicle during the course of a motor vehicle accident.

In this decision, the court provided a detailed recitation as to the law applicable in left turn motor vehicle accident cases.

The court also ruled that the trial court did not err when it denied the Plaintiff’s Motion for Judgment Notwithstanding the Verdict and/or when it denied the Plaintiff’s request for a new trial where the Plaintiff did not present evidence as to what the distance was between the two vehicles when the Defendant commenced the left hand turn. 

As such, the Superior Court agreed that the trial evidence was sufficient to permit the jury to conclude that the Defendant acted reasonably and waited until she thought it was safe to proceed and was, therefore, not negligent.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.

Source: “Fastcase Pennsylvania Civil Law Case Alerts Provided Through the Pennsylvania Bar Association” (Feb. 23, 2023).

Source of image:  Photo by Krzysztof Hepner on www.unsplash.com.

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