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ARTICLE ID 5271

DIRECTED FOR PLAINTIFF ON LIABILITY - $________ JURY ON ISSUE OF DAMAGES Motor Vehicle Negligence - Truck/pedestrian collision - Truck's mirror assembly extended too far out from truck, striking plaintiff pedestrian standing on curb.

U.S. District Court, District of Columbia

The plaintiff pedestrian, an Israeli citizen, brought this action against the owner of the truck which allegedly struck him as he stood on a curb of an intersection in Washington, D.C. The plaintiff alleged that the defendant truck driver operated the truck negligently by permitting the truck’s passenger side rear view mirror to extend ten and one-half inches over the curb where he was standing when struck.

The subject accident occurred on October 5, ________, at the intersection of 14th Street and Madison Drive in Washington D.C.

The plaintiff, who was standing on the curb, was struck by the rear view mirror on the passenger side of the defendant’s truck.

The plaintiff elicited testimony from an eyewitness that the truck’s wheels were six inches from the curb at the time the plaintiff was struck by the mirror. The plaintiff argued, therefore, that since the mirror extended 10 1/2 inches from the truck body, the mirror assembly extended over the curb by four 1/2 inches at the time the plaintiff was struck.

The plaintiff alleged that he sustained a traumatic brain injury resulting in minor neurocognitive deficits. The plaintiff’s medical bills totaled approximately $________ and there was not claim for lost wages.

The defendant contended that the plaintiff caused his own injury by negligently leaning into the travel lane just prior to impact.

Following the conclusion of the evidence, the Court granted the plaintiff’s Rule 50 Motion and directed a verdict for the plaintiff on the issue of liability.

The jury returned a verdict on the issue of damages for the plaintiff in the amount of $________.

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