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ARTICLE ID 195965

$________ PRE-SUIT – Personal Negligence – Plaintiff is struck by golf cart and becomes trapped – Bilateral comminuted fractures of clavicle – Scapular fracture – Multiple rib fractures – Multiple lacerations.

Withheld County, MA

In this personal negligence matter, the plaintiff alleged that the defendant golfer was negligent in operating her golf cart in such a manner as to strike the plaintiff. The plaintiff became trapped under the cart and suffered significant injuries – including multiple fractures – some requiring surgery and lacerations, some acquiring sutures. The defendant denied liability and disputed the nature and extent of the plaintiff’s injuries and damages.

The female plaintiff was on vacation in Florida. On February 11, ________, she walked to the rear of her golf cart to put her club back into her bag when she was struck on the right side by the defendant’s golf cart. The defendant – also a Massachusetts resident – continued accelerating the cart and struck the plaintiff a second time when the plaintiff became trapped under the cart and was dragged along the pavement for several seconds until other golfers alerted the defendant that the plaintiff was trapped underneath the cart. The golf cart had to be lifted off of the plaintiff, who was diagnosed with bilateral comminuted fractures of her clavicle, a scapular fracture that required surgery, fractures of her right ribs from two through 12, fractures of three and four ribs on her left side, pneumothorax with pulmonary contusion on the plaintiff’s right side, lip laceration that required suturing, and multiple lacerations from being dragged on her face, back, elbows, hands, and knees. The plaintiff will experience difficulty playing golf in the future due to the shoulder injury. The plaintiff incurred medical bills of $________. The plaintiff brought a claim against the defendant who agreed to mediate the case prior to the plaintiff filing suit.

The defendant argued that the plaintiff was comparatively negligent and disputed the nature and extent of her injuries and damages. The defendant maintained that she only "clipped" the plaintiff when she didn’t turn her cart enough as she approached the plaintiff.The parties were able to negotiate a settlement of $________ for the plaintiff as a result of the mediation.

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