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ARTICLE ID 194614

$________ – MOTOR VEHICLE NEGLIGENCE – AUTO/PEDESTRIAN COLLISION INSIDE CROSSWALK – PLAINTIFF PEDESTRIAN STRUCK IN CROSSWALK BY BUS AFTER TRAFFIC LIGHT TURNS GREEN FOR BUS, WHILE PLAINTIFF PARTIALLY ACROSS ROADWAY – DRIVER PLACES BUS IN REVERSE AND FRONT WHEELS RUN OVER PLAINTIFF A SECOND TIME, THE WHEELS COMING TO REST ON THE PLAINTIFF – SEVERE CRUSH FRACTURES – BELOW-THE-KNEE AMPUTATION

Essex County, NJ

The female plaintiff pedestrian, then age 42 years old, contended that she stepped off the curb and into the crosswalk while the light was green, and after walking approximately 30 feet, was struck by the defendant driver, whose traffic light had turned green, but who failed to make observations. The plaintiff further supported that after she was struck and knocked down, the driver placed the bus in reverse, running her over a second time, stopping with the front wheels on top of her. The plaintiff suffered severe bilateral degloving injuries to the legs, and underwent 13 surgical interventions in the first several months. A below-the-knee right leg amputation was ultimately performed. The plaintiff regained significant function in the left leg but the cosmetic deficit is severe. The defendant’s on-board video system was comprised of two cameras, including one that was on the top of the bus facing forward, and one that was trained on the driver. The video did not show the plaintiff being struck.

The plaintiff related that the traffic light was still green when she stepped off the curb and into the crosswalk. The bus had pulled from a bus stop down the block, and the plaintiff argued that the driver was not paying adequate attention as she drove through the intersection. The plaintiff, using the scenes depicted on the defendant’s video system and the dimensions of the intersection, prepared a video animation which the plaintiff argued would have, if the case was tried before a jury, clearly underscore the plaintiff’s claim that the collision simply would not have occurred if the defendant bus driver had been paying adequate attention. The plaintiff pointed out that after the bus rolled back and the wheels came to rest on her, the authorities were initially reluctant to move her because of the fear that she might bleed to death. The plaintiff was not moved for 20-30 minutes and was conscious and in great pain. The evidence also disclosed that the plaintiff’s son was walking a short distance ahead of her, carrying his cell phone that had a camera, and the son took photographs of the plaintiff under the bus with her legs protruding. The plaintiff was under the bus with the wheels on top of her for 20-30 minutes. She was ultimately extricated and brought to the hospital, and maintained that she sustained severe crush fractures and degloving injuries to both legs. Over the course of the next two months, the plaintiff underwent 13 surgical interventions, including several which were performed in the hopes of salvaging the leg. The plaintiff required a below-the-knee amputation of the right leg, however, and contended that she will permanently suffer extensive pain, have difficulties ambulating, and that the residual cosmetic injury, especially to the left leg, is severe. The plaintiff made no income claims.The case settled after after being assigned for trial and following several days of pre-trial rulings for $________.

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