Originally Posted by Master Yodub
:werd:
As for your situation, I don't see how they can win a court case. All you would have to do is get a copy of the police report and show it to the judge. The end. The lawsuit would get thrown out in a heartbeat. You have witness statements, and a professional opinion from the officer stating fault in the accident.
Not necessarily. All the kid has to do is present a different version of the story and then have an accident reconstructionist agree with his story and present his expert opinion and then there is a material issue of fact to be decided by a jury. This precludes summary judgment unless the alternate theory is wrong as a matter of law as well.
A good plaintiff's attorney could probably keep this going.