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$________ COMBINED Motor Vehicle Negligence – Auto/Pedestrian Collision – 11-year-old pedestrian is struck by automobile propelled onto sidewalk from collision with bus – Plaintiff suffers tibia/fibula fractures necessitating open reduction and use of external fixator for nine months – Permanent pain and some difficulties ambulating – Keloid scarring on leg.

Essex County, NJ

The plaintiff contended that as the 11-year-old infant plaintiff was standing on the sidewalk, he was struck by the defendant automobile driver after initially colliding with the co-defendant driver of a New Jersey Transit bus. The plaintiff contended that although the automobile driver was traveling at 58 mph in the 25 mph zone, the bus driver had a stop sign and an unobstructed view for ________ down the road, and should have seen the automobile approaching.

The defendant bus driver indicated that he did not see the speeding co-defendant prior to moving from the stop sign. The bus driver’s accident reconstruction expert concluded that the automobile driver was traveling at 62 mph and contended that such speed was the primary cause of the accident.

The infant plaintiff suffered tibia and fibula fractures that required an open reduction and an external fixation device which he wore for approximately nine months. The plaintiff maintained that he was left with permanent keloidal scarring at the points that the fixator was attached to the leg. The plaintiff also contended that he will suffer pain and some difficulties ambulating permanently.The case was submitted to arbitration and resulted in an award of $________, with the automobile driver held 70% negligent and the bus driver 30% negligent. The case settled prior to jury selection for $________, including ________ from New Jersey Transit and the $________ policy limits from the co-defendant.

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