Episode 57
August 9, 2025
Smoking Guns that Turned $300K into $4.4M, with Blankingship & Keith
Episode Summary
At Blankingship & Keith, they often say: “There’s a smoking gun in every case; just, sometimes, you don’t find it.” With tenacity and strategy, a firm team found smoking guns in their recent case against a commercial trucking company. The team – Rob Stoney, Chidi James, Barkley Horn, and Matt Tsun – uncovered inspection failures that allowed a truck with inadequate brakes and safety features to be on the road. It collided with their client’s vehicle, causing her life-altering injuries. Listen to this case breakdown with host Brendan Lupetin to learn how they turned a $300,000 insurance policy into a $4.4 million jury verdict.
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- Jocelyn Garner was nearly killed when a dump truck with a trailer lost its brakes coming down a mountain, obliterating her vehicle in a high-speed intersection crash.
- Despite the catastrophic nature of the crash, the trucking company carried only $300,000 in insurance coverage, far below Virginia’s statutory requirements for commercial vehicles.
- The court dismissed the team’s declaratory judgment action to challenge the inadequate insurance coverage, leaving them with what appeared to be limited recovery options.
- Tenacious deposition work with the truck owner revealed that the trailer had been recently inspected and cleared despite having missing brake components and improperly adjusted brakes.
- FOIA results uncovered that the inspector had previously been cited for failing similar brake inspections on commercial trailers, providing crucial evidence of a pattern of negligence.
- The case evolved from a simple trucking accident into a complex products liability and negligent inspection case, with the team ultimately securing admitted liability.
- The four-lawyer team strategically divided responsibilities, with Chidi and Barkley handling damages while Rob and Matt focused on liability.
- The defense’s sole medical expert was excluded after violating the rule on witnesses by discussing courtroom testimony with defense counsel.
- The team successfully negotiated a high-low agreement during trial that ensured the $4.4 million verdict would be final without the risk of appeal.
Barkley Horn
Matt Tsun
Rob Stoney
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