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Stading v. Moon Security

Case Conclusion Date: 07.23.2008

Practice Area: Personal Injury

Outcome: Plainitff's Verdict $275,000

Description: Plaintiff was Good Samaritan who had stopped to dig out Defendant Mary Robinson’s car which was stuck in the snow in a center median turn around on Interstate 82 during a snow storm. Trooper Dave Wilbur of the Washington State Patrol had pulled in to help and turned on his lights, leaving his vehicle partially on the traveled portion of the roadway. Defendant Randy Eberle was employee of Moon Security driving a Moon Security vehicle on Interstate 82 who was passing a semi. Eberle did not see Trooper’s lights until the last minute, drove off the roadway and into the center median turnaround and collided with Defendant Mary Robinson’s vehicle when Plaintiff was digging around tire. Plaintiff hit his head on car and was thrown back into snowbank. Plaintiff sued Moon Security and its driver, Randy Eberle. Moon Security and Eberle pleaded affirmative defense of fault of Mary Robinson for using illegal median turnaround and Trooper from WSP for not pulling far enough off the roadway. After discovery, Plaintiffs filed motion for summary judgments on both defenses. Court dismissed affirmative defense pointing to WSP since it is immune but allowed defense against Mary Robinson. Plaintiffs impleaded Mary Robinson without attributing any fault to her. Plaintiff suffered injuries to his neck requiring disc replacement surgery and carpal tunnel wrist surgery 2 years later

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