NATURE OF CASE:

Motor Vehicle Negligence.

INJURIES ALLEGED:

Wrongful death.

NAME OF CASE:

Withheld.

AMOUNT OF AWARD/SETTLEMENT:

$725,000.00

ATTORNEYS FOR PLAINTIFF:

Eric J. Parker, Susan M. Bourque, PARKER | SCHEER, LLP Boston, Massachusetts

CASE SUMMARY:

On an early winter morning, the plaintiff's decedent was walking in her suburban residential neighborhood in Massachusetts. At approximately 6:00 A.M., a witness recalled seeing the defendant's vehicle accelerate as it passed him. The witness was familiar with the vehicle from his routine early morning walks and Ð on several prior occasions Ð motioned to the driver to slow down. A short time later, the witness heard a loud crash.

Although there were no eye witnesses to the impact between the defendant's vehicle and the plaintiff's decedent, according to the responding police officer, the defendant driver collided with the victim as the victim attempted to cross the street, north to south, by foot. At the time of the incident, the decedent was wearing dark clothing.

The force of the impact caused the decedent to be thrown 27 feet before coming to rest. The decedent sustained massive head injuries including multiple skull fractures, a fractured ankle, fractured clavicle, fractured right 1st Ð 12th ribs, fractured left 1st Ð 10th ribs, and multiple right-sided face and forehead abrasion. The victim was transported to a local hospital where she was pronounced dead.

Immediately following the incident, local and State police conducted a detailed investigation into the happening of the incident. An inspection of the defendant's vehicle revealed that the vehicle was being operated with a ÒrejectedÓ inspection sticker; had a dirty windshield; had no windshield fluid; and had low brake fluid. Multiple citations, including operating with a rejected inspection sticker were issued to the defendant operator and vehicle owner, along with a citation for impeded operation due to the dirty windshield. The defendants contested the citations and the citations were ultimately dismissed.

The plaintiff argued that the dirty windshield observed by the investigating police officers made it impossible for the defendant driver to see during the pitch-dark hours of the morning. Further, the lack of adequate brake fluid found in the defendant's vehicle would have reduced the braking power of the defendant's vehicle and lengthened the effective stopping distance.

The plaintiff's civil complaint sought damages based on allegations of negligence as well as gross negligence, given the aggravated factors alleged by the plaintiff.

The defendant countered that the incident was caused by the decedent's own negligence in failing to cross within a nearby cross-walk and in failing to wait until the defendant's vehicle had passed, before attempting to cross.

The plaintiff's civil complaint sought damages based on allegations of negligence as well as gross negligence, given the aggravated factors alleged by the plaintiff.

The decedent, a 66 year old woman, left behind a husband of over forty years, five children and six grandchildren. There were no lost earnings and no evidence of conscious pain and suffering.

The case was settled following one full day of mediation.

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