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$________ GROSS Bus/pedestrian collision in crosswalk - Right arm fracture with surgery - 30% comparative negligence found.

Allegheny County

The plaintiff was a woman in her mid-50s who claimed that she was crossing an Allegheny County street in a pedestrian crosswalk with a "WALK" sign, when she was struck by a bus operated by the defendant, Port Authority of Allegheny County. The defendant claimed that the bus had the green light and that the plaintiff caused the accident by her own negligence.

The plaintiff testified that she was crossing the street at lunch time in downtown Pittsburgh and had a pedestrian "WALK" light. The plaintiff claimed that the defendant’s bus entered the intersection on a red light and struck her.

The plaintiff sustained a distal ulnar radial fracture of the right arm which required surgery as a result of the accident. The plaintiff complained of continuing numbness and limitation of motion as a result of the arm injury. The plaintiff made no claim for economic damages.

The jury viewed a video tape of the accident taken by a video camera on the defendant’s bus. The video showed that the bus entered the intersection on a yellow light. The plaintiff argued that the bus driver had a greater responsibility to allow pedestrians to cross the street before proceeding into the intersection.

The jury was taken to view the intersection where the accident occurred (next to the courthouse). The defense argued that it was not possible for the plaintiff to have a "WALK" signal if the bus driver had a yellow signal. The defense claimed that the plaintiff entered the intersection on a "DON’T WALK" signal. Also, the defense argued that the video from the bus showed that plaintiff stepped off the sidewalk without looking for any traffic in her vicinity.

The defendant called the plaintiff’s treating physician who testified that the plaintiff had made a good recovery from her arm fracture. The plaintiff returned to her employment as a nurse with her arm in a cast after a three-day absence.

The jury found the defendant 70% negligent and the plaintiff 30% comparatively negligent. The plaintiff was awarded $________ in damages which was reduced to a net award of $________.

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