$________ Motor vehicle negligence – Auto/pedestrian collision – Arm fracture with surgery – Cervical disc herniation – Cervical surgery performed.

Broward County, FL

The plaintiff alleged that a van, driven by the defendant driver, and owned by the defendant landscaping company, made a negligent right turn and struck her in a Broward County crosswalk. The defense maintained that the plaintiff was comparatively negligent and disputed the extent and nature of the injuries she sustained as a result of impact.

The plaintiff was a 42-year-old unemployed female at the time of the accident on January 7, ________. The plaintiff testified that she was scheduled to attend an interview at a job assistance program and was walking across Sample Road in Pompano Beach, Florida when the defendant’s cargo van made a right turn and struck her. An eyewitness supported the plaintiff’s version of the accident.

The plaintiff was diagnosed with a fractured humerus as a result of the collision and underwent surgical repair involving implantation of orthopedic hardware. The hardware was removed in a subsequent surgery. The plaintiff also claimed that the collision caused a cervical disc herniation at the C5-C6 level which necessitated performance of cervical surgery. The plaintiff had no prior history of cervical treatment.

The defendant driver testified that he was driving southbound on Powerline Road with his right turn signal activated to turn right onto West Sample Road. The defendant claimed that the plaintiff waived him to make the right turn in front of her. However, as the defendant’s van was making the right turn, the defense contended that the plaintiff walked in front of it, despite her signaling the driver to make the turn. The defense also argued that the plaintiff’s cervical condition and surgery was not causally related to the accident and she had recovered well from her arm fracture.The case was settled prior to trial for $________.