Pedestrian Hit Cases

Brockton Driver Backs Out of Driveway into Pedestrian’s Knee

Our client was taking a walk one morning when a woman, backing out of her driveway, struck him on the sidewalk, seriously injuring his knee. He suffered medial meniscal tear, a lateral meniscus tear and a partial anterior cruciate ligament tear. The driver swore she never hit him to the insurance company. In fact, she testified that it was his hand that hit her car! Thus, we had to file a lawsuit against her.

Notwithstanding the fact that at her deposition her testimony didn’t add up: everything took “two seconds” including removing the frost from all of her windows. She also admitted that she saw our client “limping” following the collision. The insurance company would not budge, so we had a trial. The judge did not believe the defendant because of her inconsistencies and we were awarded judgment.

The Verdict was particularly high because the insurance company had sent our client to their doctor whose report stated that he suffered “internal knee derangement, right, traumatic with knee instability.” Thus, the Judge had ammunition from the defendant herself that the injury was serious. Furthermore, and more importantly, our client went through a serious regime of conservative treatment necessitating cortisone injections.

This case also involved litigation over the payment of PIP amonies pursuant to Chapter 90, Section 34M.

See: Plymouth Superior Court Docket Number 01-06046.

Driver Held Liable for Child’s Liver Injury After Pedestrian Struck In Front of Store

When Patrick was 5, he and his sister went to Rhode Island to shop with their aunt. Upon exiting the variety store, Patrick was run over by a Toyota pick-up truck. He was taken by ambulance to a local hospital and by helicopter to a Boston hospital. The auto accident caused the child great pain and suffering for months, with liver and other injuries. Fortunately, however, he had a 100% recovery. We had Patrick’s medical records reviewed by a liver transplant surgeon at the University of Florida.

Witness statements vary as to exactly what happened, who was holding whose hand, and where the aunt was. The aunt’s homeowner’s insurance company agreed to contribute. The driver’s insurance company argued that Patrick “darted out” from behind a van. They had several witnesses testify to this. We argued that the driver was proceeding too fast in a parking lot, especially considering the low winter sun which would have been in the driver’s eyes that day. Furthermore, we hired a Registered Nurse who reviewed a description of the driver’s medication. The nurse concluded that the driver was taking excessive medication and in illegal dosages.

This case was settled at mediation and the monies were put into an education trust and an annuity for Patrick.