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ARTICLE ID 169009

$________ - MOTOR VEHICLE NEGLIGENCE - AUTO/PEDESTRIAN COLLISION - CLOSED HEAD INJURY - SUBDURAL HEMATOMA - MEMORY DEFICITS AND BILATERAL HAND TREMORS - DEFENDANT CONTENDS SYMPTOMS CAUSED BY PARKINSON'S DISEASE - MULTIPLE RIB FRACTURES - WRIST FRACTURE.

Bergen County, NJ

The plaintiff pedestrian, approximately age 60, contended that the defendant driver, proceeding from her right, negligently failed to make adequate observations, striking her after she crossed all but several feet in the area the crosswalk would have been present if painted. The plaintiff contended that as a result, she suffered a closed head trauma and subdural hematoma. The plaintiff maintained that she will permanently suffer neuropsychological injuries involving memory and concentration deficits, as well as bilateral hand tremors. The plaintiff also maintained that she suffered a fracture to the left, non-dominant distal radius and multiple rib fractures.

The defendant, approximately 80, contended that the plaintiff, who was crossing a major roadway which was characterized by the defendant as a quasi-highway, was clearly comparatively negligent in crossing at this location when traffic was approaching. The plaintiff would have countered that the defendant had conceded during her deposition that she initially saw the plaintiff when the plaintiff was at the double yellow line and did not see her again before impact. The plaintiff would have presented an accident reconstruction expert who would have testified that the defendant’s view was not obstructed. The plaintiff would have argued that the clear cause of the accident, that occurred several feet from the sidewalk, was the negligent failure of the defendant to make adequate observations.

The plaintiff maintained that she suffered a closed head injury and subdural hematoma that was treated medically. The plaintiff contended that she was left with psycho-neurological deficits that primarily involved memory and concentration compromises, as well as bilateral hand tremors.

The defendant’s neurologist contended that it was likely that the plaintiff’s symptoms were largely unrelated to the collision and caused by Parkinson’s disease. The plaintiff countered that she had never been diagnosed with this disease, had no prior symptoms that were consistent with it, and the plaintiff would have contended that the defendant’s position should clearly be rejected.

The plaintiff also maintained that she will permanently suffer some pain and loss of mobility in the wrist. The rib fractures essentially resolved. The plaintiff made no income claims.

The case settled prior to trial for $________.

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