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 Drury wins defense verdict in wrongful death trial
On
January 23, 2008, Bill Drury won a defense
verdict in Maricopa County Superior Court in a wrongful death
claim stemming from a bus-bicycle accident (Lozoya v.
Laidlaw Educational Services, Inc.).
The
decedent in this case was a 33-year-old male working in a
family bakery at the time of his death. (The plaintiff brought
the suit on behalf of the decedent's minor children.) The
plaintiff alleged that a Laidlaw bus driver failed to yield
the right-of-way to the decedent bicyclist when the bicyclist
rode through the crosswalk while the bus was making a right
turn.
Lamont
Skousen, expert and accident reconstructionist, testified that
the bus was traveling in excess of 9 mph at the point of
impact, and the plaintiff contended that it was Laidlaw policy
that all turns should be made at a speed of 5 mph or less.
The
defendant Laidlaw maintained that, before proceeding with her
turn, the bus driver waited to see if the decedent bicyclist
was going to cross the street. When he did not give any
indication that he was going to cross, the bus driver
proceeded with her right turn on a green light. The decedent
bicyclist ran into the rear portion of the bus when the turn
was halfway in progress.
In
settlement negotiations, the plaintiff had demanded $1
million, while Laidlaw offered to settle for $50,000. After
deliberating for approximately one hour, the jury found, by a
7-1 vote, for the defendant Laidlaw.
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