New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.
Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]
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Driver ignored red light, struck girl, suit alleged (VerdictSearch)
Settlement Amount: $450,000
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Court: Bronx Supreme, Bronx County, New York
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation
Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian
Date: September 3, 2008
Eric H. Morrison; Morrison & Wagner; New York, NY, for the plaintiff
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On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.
The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.
The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.
The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.
Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.
The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.
The girl’s mother sought recovery of damages for her past and future pain and suffering.
The parties negotiated a $450,000 pretrial settlement.
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Judge: Wilma Guzman
Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.