Motorist exonerated in bicycle collision

UPDATE: To read the Defense Reasearch Institute (DRI) article click here.

Nick Gristina, a partner in the Porteous, Hainkel & Johnson New Orleans office teamed up with associate Matt Mann to win a difficult summary judgment that has now been affirmed by Louisiana’s Fifth Circuit Court of Appeal. Even with plaintiff disputing the facts, defendants, Farm Bureau and its insured, were dismissed on the strength of eyewitness and police testimony corroborating the insured’s account of his collision with an eight year old cyclist. The cyclist emerged from behind a Suburban stopped at a traffic signal and struck the left front fender of the defendant’s Toyota Tundra as it passed in the opposite lane. Plaintiffs argued that there was a genuine issue of material fact as to the point of impact and credibility of the witness. Judge Alvin Turner (23rd JDC – St. James Parish) granted summary judgment. The Fifth Circuit panel was composed of Rothschild, Dufresne and Johnson. Written reasons of the appellate court are attached:
Michael versus Poche

UPDATE:  Plaintiff has filed a Motion for Rehearing in the 5th Circuit.

Nick Gristina

Matt Mann