Greg represented the driver of an automobile in a bicycle-versus-truck accident in Dawson, Minnesota. The plaintiffs claimed the driver negligently failed to keep proper look out and control of his motor vehicle. At trial, Greg successfully proved the eight-year old bicyclist failed to exercise the reasonable care expected of children that age, and violated both city ordinances and state statutes against riding his bike across the City’s main street at mid-block. After a highly contested trial, the jury returned a unanimous verdict which found the minor-plaintiff 100% at fault for the accident.
The case took an interesting twist when the plaintiffs moved for a Schwartz hearing based on alleged misconduct surrounding juror deliberations. The court refused to admit much of the evidence offered to impeach the verdict and denied the motion for a mistrial. Defendant was awarded close to $25,000 in costs.