2/16/2007
Kahn v. Franco
In Kahn v. Franco et al., plaintiff was involved in a multi-car collision when he merged into the left lane to avoid a disabled tractor trailer allegedly blocking the right lane of Route 295 South. As a result, plaintiff suffered a concussion, rotator cuff tear, thoracic strain and sprain and a bulging disc in his lumbar spine.

At the mandatory non-binding arbitration at the close of discovery, Susan Slim successfully argued that the accident occurred as a result of plaintiff’s own negligence, as he improperly changed lanes and otherwise drove in an unsafe manner. Further, Ms. Slim demonstrated that plaintiff had a litany of pre-existing injuries which cast doubt on the credibility of his claims. The arbitrators agreed, ruling in favor of the driver of the disabled tractor trailer and awarding no damages to plaintiff.

Ms. Slim thereafter petitioned the Court for an Order confirming the arbitration award. The Court agreed and dismissed all claims pending against the truck driver and the company for which he worked, with prejudice.