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ARTICLE ID 195569

$________ Motor Vehicle Negligence – Auto/Pedestrian collision – Plaintiff pedestrian entering roadway in between two vehicles after consuming very significant amount of alcohol at tavern – Facial fractures – Surgery.

Hudson County, NJ

This case involved a plaintiff pedestrian in her mid 40’s who was struck by the defendant driver after she entered the roadway from in-between two parked vehicles. The plaintiff – who was not planning on driving – had just left a tavern at which she consumed a significant amount of alcohol. The plaintiff had a BAC of.________, and this finding was made after blood testing was conducted at the hospital before surgery was performed. The plaintiff chose not to bring a dram shop action against the tavern, at which she was a regular patron.

The plaintiff contended that the defendant driver was traveling too rapidly for the light rain conditions, and negligently failed to make adequate observations. The plaintiff’s accident reconstruction expert contended that the significant distance at which she was propelled, and the damage to the defendant’s vehicle, supported the plaintiff’s claims.

The defendant driver denied driving in a negligent fashion, and opined that the plaintiff caused the collision by darting out between the parked vehicles in an inebriated state.

She confronted the defendant, who is currently incarcerated on unrelated charges, with evidence of prior convictions, arguing that his credibility should not be accepted. She also maintained that she suffered facial fractures, and contended that despite facial surgery, she will suffer permanent pain. The plaintiff had a relatively good cosmetic result.

The plaintiff also suffered an ankle fracture that required an open reduction and internal fixation, and opined that she will permanently suffer pain and some difficulties ambulating that is heightened upon changes in weather and when walking on uneven surfaces.

The plaintiff made no income claims.The defendant had $________ in coverage. The case settled prior to trial for $________.

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