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$________ – Motor Vehicle Negligence – Auto/Pedestrian Collision Outside Crosswalk – Pedestrian struck outside crosswalk – Head injuries prevent plaintiff from recalling accident – Closed head injury – Subdural hematoma – Coma – Cognitive deficits – Fractured ribs.

Nassau County, NY

This action involved a then 17-year-old plaintiff pedestrian male who was struck as he was in the roadway outside of the crosswalk. The plaintiff had no memory of the collision because of the injuries sustained in the accident, and the court instructed the jury that they could take this factor into account under the Noseworthy case. The defendant did not see the plaintiff before the accident. The plaintiff’s accident reconstruction expert maintained that the defendant had ample opportunity to see the plaintiff on the long straight portion of the roadway, and should have avoided the collision.

The plaintiff suffered a closed head injury – a subdural hematoma that was treated medically – and was in a coma for 6 days, and also suffered several fractured ribs. The plaintiff’s neuropsychologist maintained that although the plaintiff made a very extensive recovery, he will permanently suffer significant cognitive deficits involving memory and concentration. The plaintiff works as a plumber’s assistant, and the plaintiff would have argued that the injuries limited his economic opportunities.

The defendant maintained that in view of a very limited prior earnings history, this claim should be significantly questioned. The case settled prior to trial for $________.

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