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REDUCED BY 60% COMPARATIVE NEGLIGENCE Motor Vehicle Negligence – Auto/Pedestrian Collision – Plaintiff school security guard is struck by defendant trespasser/driver after plaintiff chases defendant from school and stands in front of car – Tear of medial meniscus superimposed on prior knee complaints – Gross damages stipulated at $________.

Suffolk County, NY

The plaintiff in this motor vehicle negligence action, a school security guard in his late 30s, contended that when he observed an approximate 19 to 20 year old trespasser in the school and the trespasser fled when the plaintiff told him to sign in at the principal’s office, the plaintiff chased him out of the building. The defendant trespasser’s car was in front of the school and the plaintiff maintained that when he stood in front of the car in attempt to prevent the trespasser from escaping, the defendant struck him with the car. The defendant denied that any contact occurred. The plaintiff presented a co-worker who supported his version.

The plaintiff had a history of prior knee pain, but contended that he was able to spend long periods on his feet despite the prior difficulties. The plaintiff maintained that he suffered a tear of the medial meniscus and required arthroscopic surgery. The plaintiff contended that because of the injuries, he missed more than a year from work. The plaintiff maintained that although he was ultimately able to return, he works with very significant pain.The jury found the defendant 40% negligent and the plaintiff 60% comparatively negligent. Gross damages were stipulated at $________, and the case resolved for $________.

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