Local Municipality Liability

Atlee Hall resolved a case involving an elderly pedestrian who was injured when a municipal truck struck him from behind.

Our client was injured by a worker driving a municipality-owned vehicle. The damages were significant, and there were complications about being able to file a claim against the government. However, the case settled short of trial to our client’s satisfaction.

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Why This Case Matters

Governmental, statutory immunity applies to the negligence of a municipality or municipal worker. Exceptions to immunity are statutory, and unless an exception applies to the specific facts of a case, an injured party is barred from bringing a negligence action.

How We Built A Winning Case

Investigate

Because the case involved the negligence of an employee of a municipality, local agency/political subdivision immunity applied.

Analyze

During the prosecution of the case, multiple legal issues had to be addressed, including: 1) whether the municipality could be held responsible for causing our client’s injuries; 2) whether timely notice of the claim had been provided to the municipality; 3) whether the injuries sustained by our client were serious enough to include a permanent loss of a bodily function; and 4) how the statutory cap on damages would affect case resolution.

Synthesize

In our case, our client was injured by a worker driving a municipality -owned vehicle. Damages were significant, and we were able to establish our client’s entitlement to pain and suffering damages through the testimony of his treating physician, who opined that the injury caused a permanent loss of function. In the end, despite the statutory cap on damages, we made the case and reached a favorable resolution.

The Result

In the end, Atlee Hall attorneys clarified the client's position, illustrated the considerable harm they endured, and secured significant compensation for their assorted damages.

This financial relief gave the client their best chance at a meaningful recovery after such a traumatic incident.

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