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DEFENDANT’S Motor Vehicle Negligence – Auto/Pedestrian Collision – Defendant strikes the plaintiff as the plaintiff crosses the street – Traveling at a high and excessive rate of speed – Collapsed lung – Lacerated liver – Broken ribs – Road rash.

Montgomery County, PA

In this vehicular negligence action, the plaintiff maintained that the defendant driver was negligent in traveling too fast and failing to keep a proper watch when the defendant struck the plaintiff as the plaintiff was attempting to cross the street. The defendant denied being negligent and argued that it was the actions of the plaintiff that caused the incident.

On July 13, ________, the male plaintiff was traveling by foot across Horsham Road at its intersection with Davis Grove Road in Horsham, Pennsylvania. Suddenly and without warning, the defendant, who was operating his vehicle in an easterly direction on Horsham Road, struck the plaintiff and knocked him to the ground. The plaintiff maintained that the defendant driver was negligent in operating his vehicle at a high and excessive rate of speed, failing to keep a diligent watch, failing to observe the location and the distance of the pedestrian crossing the roadway and failing to stop. The plaintiff alleged that the defendant government entities were negligent in allowing the roadway to become and remain in a dangerous and defective condition, failing to properly inspect the roadway and keep it free from defects and failing to warn pedestrians of the dangerous and defective condition.

The plaintiff was taken from the scene to the hospital where he was diagnosed with a lacerated liver, collapsed lung, broken ribs, L3-4 lumbar injuries, road rash and contusions and abrasion of the face and body. The defendant government entities were dismissed prior to trial and the case proceeded against the defendant driver only. The defendant driver denied being negligent and argued that the plaintiff stepped out into the path of the defendant and the defendant could not avoid striking the plaintiff.The jury found no negligence on the part of the defendant.

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