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Burden of proof - MVA disputes edition

A pair of recent CDC defense judgments found the plaintiffs failing to carry their burden of proof in motor vehicle accidents. See Williams v. Liberty Mut. Ins. Co., 2015-4019 (Civil District Court 07/18/18); and Vallejos v. USAA General Indemnity Co., 2016-9368 (Civil District Court 08/03/18).

Judge Robin Giarrusso succinctly noted in Williams Reasons for Judgment: "A picture is worth a thousand words. There is no damage to Mr. Lewis' car."

A little more explanation was needed from Judge Bruno before he concluded that "equivocal" evidence is not a preponderance. In Vallejos, the drivers disputed who sideswiped whom by changing lanes on Veterans Memorial Boulevard.


Posted: Aug. 10, 2018