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ARTICLE ID 155572

$________ , INCLUDING DEFENDANT DRIVER'S $________ POLICY LIMITS Premises liability - Elderly pedestrian struck and killed in parking lot of co-defendant strip mall - Plaintiff contends strip mall's failure to provide crosswalks was negligent and significantly contributed to accident - Death action.

Middlesex County

The plaintiff contended that the defendant driver negligently failed to make adequate observations as she was traveling through the co-defendant strip mall’s parking lot. The plaintiff contended that as a result, she struck the 84-year-old decedent and knocked him to the ground, notwithstanding that she was traveling at a low rate of speed. The plaintiff also contended that the strip should have provided a crosswalk.

The defendant strip mall denied that it was required to have any crosswalks. The plaintiff’s expert plaintiff’s expert contended that the lack of crosswalks or other pedestrian signage significantly contributed to the happening of the accident. The defendant further denied that the presence of a crosswalk would have prevented the accident from occurring.

The defendants also maintained that the decedent lost consciousness upon striking the pavement and did not regain consciousness before his death several days later. The plaintiff countered that the plaintiff was kept in a medically induced coma and maintained that it was likely that he experienced some level of conscious pain and suffering.

The decedent, who was not working, left a widow. The plaintiff maintained that the wife depended upon her husband for help in everyday activities and that he would often drive her to various destinations, including church. The case settled prior to trial for $________, including the defendant driver’s $________ policy limits and $________ from the strip mall.

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