2012-L-012989 (Illinois, Cook County)
After plaintiff got in a car accident and had his car towed, the tow truck driver pulled to the side of the road before getting on the highway to check the chains and connections. During this, plaintiff attempted to get into his car to get a can of diet coke by climbing on the flatbed of the tow truck, and in the process he fell from the flatbed sustaining significant injuries.
Plaintiff, in an attempt to implicate the towing company, made a claim that the driver of the tow truck actually offered a can of coke to the plaintiff, stopped the truck so plaintiff could get his coke, and directed the plaintiff to get onto the flatbed of the truck. James Barrow, representing the towing company, vigorously denied plaintiff’s story. James won a motion to dismiss some of plaintiff’s claims such as a Res Ipsa Loquitur claim, but ultimately the negligence count remained and the case went to trial with plaintiff refusing to lower their demand under $100,000. James defended the towing company and convinced the jury the plaintiff’s version of events could not have been true, and won a full defense verdict.
