The Driver of a Car

The plaintiff driver alleged negligence and an intentional tort of assault and battery against our client after a rear end auto collision. The plaintiff complained of a lumbar strain/sprain and testified that he could no longer participate in marathons and that walking was painful. We were able to impeach the plaintiff’s testimony through evidence that the plaintiff had participated in Iron Man competitions and marathons in Florida. The jury awarded $0 on the negligence count and $500 on the assault and battery count.