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$________ GROSS REDUCED BY 20% COMPARATIVE NEGLIGENCE Motor Vehicle Negligence – Auto/Pedestrian Collision – Plaintiff cab driver is struck by defendant trucker after exiting cab in early morning hours during rainy conditions – Fractures to tibia and fibula – Rod placed in tibia and bears weight adequately despite non-union in fibula.

Bergen County, NJ

The plaintiff cabbie in this motor vehicle negligence action contended that after he exited the cab and stood in the roadway while obtaining paperwork from his cab, he was struck by the defendant trucker who failed to make adequate observations. The incident occurred at approximately 2:40 a.m. The plaintiff was speaking on his cell phone at the time of the accident and it was raining at the time. The defendant contended that the collision occurred farther into the road than claimed by the plaintiff and that the primary cause was the inattention of the plaintiff.

The plaintiff suffered fracture to the tibia and fibula in the same leg. The plaintiff underwent surgery in which a rod was placed in the tibia. The plaintiff contended that the rod has been able to make up for a non-union in the fibula and that he is essentially asymptomatic. The plaintiff also sustained a concussion that substantially resolved.The jury found the defendant 80% negligent, the plaintiff 20% comparatively negligent and the $________ gross award was molded accordingly.

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