On the June 24, 2014, Client went to test drive a used truck at an auto dealership. However, the truck’s battery was dead. The sales agent pulled an SUV around and attached jumper cables to the truck’s battery and SUV’s battery in order to jump-start the truck. The sales agent did not connect the jumper cables to the vehicles’ batteries the correct way which resulted in a huge electrical spark. At that time the client, who had worked over 25 years as a mechanic, assisted by connecting the jumper cables the correct way. The sales agent then got in the truck to see if he could start it. When the truck failed to start he asked the client to go over to the SUV, which was still on/running, and give it some gas. The client went over to the SUV and reached his right leg into the SUV to apply his foot to the gas pedal. The client’s left foot was still on the pavement and most of his body was still outside the SUV when he pressed the gas pedal with his right foot. When he hit the gas the SUV leapt backwards and started driving in reverse. The client was knocked to the ground and then the front driver’s side tire rolled over his left foot and ankle. The client sustained an open fracture (aka compound fracture) of the left medial malleolus and an associated closed fracture of the lateral malleolus. Client underwent an open reduction and internal fixation of the medial malleolus fracture.

The client died a year and a half after the accident due to causes unrelated to his injuries. The sales agent contested our version of events. He claimed he never asked the client to help him jump-start the truck and he never told the client to give the SUV gas and that the client did all this on his own. The insurance company argued that the client had years of experience as a mechanic and that he was negligent for applying one foot on the gas while the rest of his body remained outside the truck. They argued that he should have seen the truck was in reverse if it was in fact in reverse. Attorney Brendan J. Noonan was able to obtain surveillance video footage of the accident prior to filing suite. The footage showed the sales agent incorrectly arranging the jumper cables causing a huge spark and the client immediately rearranging the cables in the correct position after. The fact that the client died a year and a half after the accident complicated matters.

Case Results: Attorney Brendan J. Noonan was able to work with the insurance company to settle the claim for $215,000.00.