Tag Archives: skull fracture

$500,000 Pre-Trial Settlement for Teen Pedestrian Hit by a Car, Skull Fracture

New York — A teenage boy was struck by a vehicle as he crossed an intersection at a traffic light. The pedestrian accident victim was thrown into the air and suffered a head injury with skull fracture. The team at Morrison & Wagner helped the boy and his mother recover a $500,000 settlement in the lawsuit against the driver and his insurance carriers.

Illustrative Photo Credit: kc7fys [License]

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Motorist, injured teen debated status of traffic signals (VerdictSearch)

Settlement Amount: $500,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
head-fracture; skull; other-craniotomy

Case Type: Motor Vehicle – Pedestrian, Question of Lights

Date: January 22, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY, for the Plaintiff, and son

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At about 8:45 p.m. on Jan. 9, 2013, the plaintiff, a 14-year-old boy, was struck by a motor vehicle. The incident occurred on Woodmere Boulevard, alongside its intersection at West Broadway, in Woodmere. The victim was tossed onto a sidewalk, and he sustained an injury of his head.

The teenage boy’s mother, acting individually and as his parent and natural guardian, sued the vehicle’s driver. The plaintiffs alleged that the driver was negligent in the operation of his vehicle.

The victim acknowledged that he ran across the roadway, but he claimed that a green traffic signal permitted his entrance to the roadway. He further claimed that the signal remained green the entire time that he was on the roadway. Thus, plaintiffs’ counsel contended that the boy possessed the right of way.

The boy also claimed that he had crossed all but 3 or 4 feet of the roadway when the impact occurred. Plaintiffs’ counsel contended that the driver should have seen and avoided the pedestrian. An eyewitness claimed to have sounded a vehicle’s horn, to warn the driver and pedestrian, but that neither party reacted. The car driver suffers a cataract and experiences deficits of his audition, and plaintiffs’ counsel contended that the driver should not have been operating a motor vehicle.

The teen suffers a congenital defect that impairs his right ear’s audition. His right ear would have been the one closest to the vehicle that hit him and the witness’s vehicle. The defendant claimed that he stopped at a red signal upon reaching the intersection. He further claimed that the pedestrian boy entered the roadway after the signal had turned green.


The pedestrian accident victim sustained a fracture of his skull. He was placed in an ambulance, and he was transported to Nassau University Medical Center, in the hamlet of East Meadow. He underwent an immediate craniotomy, which involved removal of extruded fragments of his skull. His head’s wound was closed via application of staples.

The victim claimed that his injury prevented his attendance of two weeks of school. His doctors have advised that he should avoid activities — such as skiing or playing football — that could result in an injury of his head.

The boy’s mother sought recovery of damages for his past and future pain and suffering. She initially presented a derivative claim, but her claim was not pursued.

Defense counsel contended that the boy recovered within two weeks of the accident.


The parties negotiated a pretrial settlement. The defendant’s primary insurer tendered its policy, which provided $250,000 of coverage, and the defendant’s excess insurer agreed to pay $250,000. Thus, the settlement totaled $500,000.

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Editor’s Comment: This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

Manhattan woman falls from apartment balcony

New York — A woman fell from the porch of her 16th floor apartment on the East Side of Manhattan, NY. The fall victim was reported to have been leaning on the railing when it broke away and caused her to plummet off the balcony. Reports show that after falling, she landed on the scaffolding of a construction site below, causing fatal injuries. Ambulance and rescue crews responded to the scene and tried reviving the woman from her accident injuries. Unfortunately, their efforts were unsuccessful in resuscitating the injury victim from a traumatic cardiac arrest. Trauma specialists believe the woman died of internal bleeding from the fall. They note that this type of fall may have caused a head injury with skull fracture but further testing will be necessary to determine if that was the case here. Investigators subsequently arrived on the scene to determine why the railing collapsed. According to building inspectors, the railings and balconies of New York City’s high-rise buildings are required to undergo safety inspections on a regular basis. Records show that this specific apartment building did file a safety inspection report for their porches and terraces. Accident investigators will now need to determine if the inspector missed a hazardous condition that led to the railing breaking under the woman’s weight. In the meantime, building department officials have warned residents to stay off of the balconies of their apartments until they are properly inspected according to current safety standards. Certified inspectors should personally investigate the safety of all aspects of the balcony and rails. Landlords are responsible to repair or replace any broken hardware or masonry in a timely fashion. A top accident lawyer in New York explains that the owner and management company may be held responsible for injury or death in a case of negligent maintenance. Read more about this deadly fall accident here.

Photo by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons