ATLANTA — Associate Foss Baker and Partner Sandro Stojanovic recently secured a significant victory for an ambulance company and its driver in a challenging negligence case, effectively defending against claims arising from a nighttime collision with a plaintiff operating a lawn mower.

Overview of the Case:

The case involved a plaintiff who was driving a lawnmower across a state road at night without any reflective gear or lights. The plaintiff was struck by an ambulance driven by the defendant, resulting in injuries that required the plaintiff to be medically evacuated to a hospital in Tallahassee. The plaintiff sued the ambulance driver and company, alleging negligence and seeking $48,000 in medical bills, plus compensation for past and future pain and suffering.

Key Difference-Makers:

• Participants:

  • Foss Baker - Associate
  • Sandro Stojanovic - Partner

Claims Made Against Our Client:

The plaintiff alleged negligence against the ambulance driver and vicarious liability against the ambulance company, claiming the driver failed to yield to a pedestrian and maintain proper awareness of obstacles in the ambulance's path. The plaintiff's case relied heavily on the testimony of an alleged witness who claimed to have seen the ambulance driver using a cell phone moments before the accident.

Defense Strategy:

Baker and Stojanovic filed a motion for summary judgment, arguing that even if the ambulance driver owed a duty of care, the plaintiff had an equal or greater responsibility to act in a way that reasonably ensured their own safety by using lights or reflectors while operating a lawnmower on a state road at night. They also vigorously challenged the credibility of the alleged witness through cross-examination and deposition, undermining the reliability of their testimony.

Impact on Final Outcome:

The court granted the motion for summary judgment, ultimately ruling in favor of the ambulance company and its driver. The judge determined that the plaintiff failed to demonstrate a specific duty that the defendant violated, and the unreliable testimony of the alleged witness was insufficient to establish negligence.

Predicting the Future:

This win reinforces QPWB's commitment to vigorously defending clients in personal injury cases and highlights the firm's ability to effectively counter challenging claims. The firm's thorough investigative approach and strategic litigation tactics, combined with its attorneys' deep understanding of negligence law, ensure that clients facing similar allegations receive the best possible defense.

About QPWB:

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.