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ARTICLE ID 142888

$________ - AUTO/PEDESTRIAN COLLISION -DEATH OF 80-YEAR-OLD MAN ALLEGEDLY WALKING ON SIDE OF ROAD IN AREA WITH NO SIDEWALK - DEFENDANT CONTENDS PLAINTIFF CAUSES ACCIDENT BY CROSSING MID-BLOCK - PLAINTIFF POINTS TO FINDINGS THAT DECEDENT WAS STRUCK FROM BEHIND - EXTENSIVE PAIN AND SUFFERING DURING FIRST FEW DAYS OF HOSPITALIZATION - DECEDENT DIES 9 DAYS AFTER ACCIDENT - DECEDENT SURVIVED BY ADULT CHILDREN.

Middlesex County

This action involved an 80-year-old decedent pedestrian who was struck by the defendant driver, sustaining multiple leg and rib fractures, an arm fracture, a closed head injury and internal injuries. The decedent died 9 days later from the injuries suffered in the accident. The plaintiff maintained that the decedent suffered excruciating pain during the first several days that was documented in the hospital record. The widowed decedent left several adult children who resided in the area with their families.

The defendant, who indicated that he did not see the decedent before the collision, contended that the defendant attempted to cross laterally in front of him in the mid-block area, causing the accident. The plaintiff would have countered through the presentation of a biomechanical engineer and an accident reconstruction expert. The plaintiff would have maintained the nature of the injuries, including the leg fractures, were particularly consistent with the decedent being struck from behind and the plaintiff would have argued that the defendant’s position should clearly be rejected. There would have been no independent eyewitness testimony presented if the case had proceeded to trial.

The plaintiff also would have presented an internist/pain and suffering expert who along with the plaintiff’s nursing expert would have discussed the excruciating pain and suffering that was noted in the hospital records during the first several days following the accident. The plaintiff contended that until the physicians had adequately determined the nature and extent of the internal injuries which the decedent had sustained, they were very limited as to the pain killing medication that could be administered, accounting for this excruciating pain at the beginning of the hospitalization.

The decedent left several adult children who were married with children and who resided in the area. The plaintiff would have contended that the loss of guidance and advice under Green/Bitner was very significant.

The case settled prior to trial for $________.

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