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ARTICLE ID 195749

DEFENDANT’S Motor vehicle negligence – Auto/pedestrian collision – Multiple orthopedic injuries – 80% comparative negligence – ________% of injuries caused by intoxication.

Pinellas County, FL

The plaintiff alleged that the defendant driver negligently operated a motor vehicle, so as to strike the plaintiff as the plaintiff crossed a Pinellas County street. The defendant maintained that the plaintiff was intoxicated and stepped in front of the defendant’s vehicle. The employer of the defendant driver was also named as a defendant in the case on a vicarious liability theory.

The plaintiff alleged that he was in a pedestrian crosswalk at the time of the accident, and the defendant failed to yield to his right-of-way. The plaintiff admitted that he had consumed alcohol prior to the collision, but denied that he was drunk at the time. The plaintiff was diagnosed with multiple rib fractures, including the tibia and fibula as a result of the accident. He also claimed cervical and lumbar injuries with continuing neck and back pain.

The defendant argued that evidence showed the plaintiff was some 20 feet in front of the crosswalk at the time of the collision. The defendant’s toxicologist testified, based on the plaintiff’s blood alcohol level of .________, that the plaintiff was intoxicated and his judgment and coordination impaired at the time of the accident.

The defendant also stressed that the plaintiff was involved in several prior accidents, and that many of his complaints preexisted the subject collision.The jury found the defendant 20% negligent, and the plaintiff 80% comparatively negligent. The jury awarded $________ in past medical expenses. However, the jury also determined that ________% of the plaintiff’s injuries were a result of him being under the influence of alcohol. Accordingly, a defense verdict was entered.

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