CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, APRIL 19, 2025

Congratulations to Las Vegas Partner Jeff Saab and Associate Shanna Carter on Another Big Win at Arbitration!

Green traffic signal

Jeff and Shanna’s client, driving a commercial vehicle, was headed north when he approached the intersection and observed that the traffic lights were malfunctioning.

April 15, 2025
Dolores Montoya - Bremer Whyte Brown & O'Meara LLP

The case arose from a motor vehicle versus motor vehicle accident wherein the Plaintiff, a driver, and her passenger alleged that the compact vehicle was t-boned in an intersection, resulting in severe and permanent physical injury.

Jeff and Shanna’s client, driving a commercial vehicle, was headed north when he approached the intersection and observed that the traffic lights were malfunctioning. Consequently, he came to a complete stop and then entered the intersection, at which point a collision occurred with Plaintiffs’ vehicle, which was headed west. Plaintiffs argued that their traffic light was functioning correctly, that they had the right of way, and that Jeff and Shanna’s client failed to yield, causing the collision. However, under examination, Jeff and Shanna were able to impeach both Plaintiffs multiple times and elicited testimony from the Plaintiff driver that Jeff and Shanna’s client entered the intersection first and, therefore, had the right of way. Based on Plaintiffs’ testimony and other evidence presented during arbitration, the arbitrator was compelled to adopt the arguments of the defense, resulting in a complete defense award.


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