Success Stories

$750,000 for Rear End Car Accident Victim

In March 2019, Candace Smith was driving west on Interstate 4 to her first business appointment of the day when she noticed traffic in front of her stopping for road construction in the area. Candace correctly brought her vehicle to a stop behind the car in front of her. Soon afterwards, her car was struck from the rear by a vehicle driven by a motorist from Missouri. Pre-suit settlement discussions broke down when the insurer of the Missouri motorist refused to offer more then $250,000. When suit was filed, the Missouri motorist denied fault and blamed both Candace and the driver of the car stopped in front of her, a resident of Canada.

During his deposition testimony, Mr. Cunningham asked the driver from Missouri if he was distracted in any way as he approached the vehicle in front of him on I-4. More than once, he denied being distracted and he continued to blame Candace and the Canadian driver for causing the crash. However, in a videotaped deposition taken by Mr. Cunningham, the Canadian driver refuted this testimony and said the Missouri driver had admitted to being distracted - not once but twice shortly after the crash.

Based upon the testimony of the Canadian driver, Mr. Cunningham filed a Motion for Partial Summary Judgement, asking the Court to rule, as a matter of law, that the defendant was solely liable for causing the crash that injured Ms. Smith. The case was set for jury trial and days before a mediation set in July 2023 the defense attorney offered $750,000 to resolve the claim.

Candace had been referred to the Law Offices of James O. Cunningham by her sister, who had been represented by Mr. Cunningham 20 years before. Candace was very pleased with the legal outcome and her settlement.

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