New York — Two pedestrians were crossing the street when one of them was hit by a car and the other nearly struck by the vehicle. The driver of the car claimed that he skid on snow. The injured accident victim suffered broken bones, including a pelvic fracture, leg fracture and broken shoulder bone. The two women came to the personal injury law firm of Morrison & Wagner and filed a lawsuit against the driver. Settlements totaling $362,500 for the victims were obtained prior to trial.

Illustrative Photo Credit: Steve Baker [License]

— — —

Motor Vehicle – Pedestrian (VerdictSearch)

Total Settlement Amounts: $362,500

— — —

Court: Queens Supreme, Queens County, New York

Case Type: Motor Vehicle – Pedestrian

Date: April 11, 2000

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

— — —

Facts:

At 7 AM on 12/6/97, the 72-year-old Plaintiff A was walking with her daughter, Plaintiff B, on State Hwy. 36 in the Town of Groveland. There was snow on the ground from an earlier storm. Plaintiff A was crossing the highway when she was struck by Defendant’s vehicle. Plaintiff B avoided the accident, but contended that she had been in the zone of danger. Defendant contended that the Plaintiffs initially had been waiting by the yellow line, then darted into the roadway. Defendant also claimed that the snow on the roadway caused his vehicle to skid.

Injury:

Fractures to the right pelvis, fibula, and tibia; fractured left nondominant shoulder. Plaintiff A received physical therapy from the date of the accident until 4/16/98.

Note: Defendant won a motion to move the trial to Livingston, based on the fact that the police officers were witnesses who would be called to testify at trial and were from that venue. Plaintiff showed in renewal and reargument that the police officers were not necessary witnesses in that they did not do an actual reconstruction of the accident scene and were willing to travel to Queens for trial. The case was subsequently moved back to the Queens venue.

Result:

This action settled at the beginning of jury selection for $300,000 for Plaintiff A and $62,500 for Plaintiff B.