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Motor Vehicle Accident – Pedestrian, Foot Injuries

 

Amount Of Award/Settlement

$202,000.

Nature Of Case

Pedestrian struck by motor vehicle.

Injuries Alleged

Left foot injuries including dislocation at the tarsal, metatarsal joint with the metatarsal dislocated laterally; Compression of the cuboid and navicular bones; fractures at the bases of the 2nd through 4th metatarsals.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

OTHER USEFUL INFORMATION:

One evening, the plaintiff, a 34 year-old, self-employed construction worker, finished a contracted job at a client’s house in Wilmington. In an attempt to help one of the trucks pull out of a driveway onto the busy main road, the plaintiff walked to the end of the driveway and stood on the side of the road. He then began to direct the truck out of the driveway and onto the main road. As he was standing on the side of the road, a vehicle operated by the defendant struck the plaintiff. The defendant denied seeing the plaintiff prior to impact. As a result of being struck by the defendant’s vehicle, the plaintiff suffered serious injuries to his left foot.

The plaintiff was immediately transported by ambulance to Lahey Clinic where he was admitted for evaluation. The orthopedic surgeon reviewed the x-ray of the left foot and diagnosed the plaintiff with a dislocation at the tarsal, metatarsal joint with the metatarsal dislocated laterally. The plaintiff also suffered a compression of the cuboid and navicular bone along with fractures at the bases of the 2nd through 4th metatarsals. The next morning, plaintiff underwent a closed reduction percutaneous pinning with application of a catheter to the left lower extremity. The plaintiff returned to Lahey Clinic five days later for a second planned surgery. On that day, he underwent an open reduction with tarsometatarsal fusion of the joints 1, 2, and 3.

The plaintiff remained non-weight bearing for three months and then began a course of rigorous physical therapy. The plaintiff continued to follow-up with his orthopedic surgeon for two years. During that time he underwent a third surgery to have a screw removed which was causing additional pain and also underwent a second course of physical therapy.

As a result of his injuries, the plaintiff incurred $70,938.29 in medical expenses all of which were unpaid because the plaintiff did not have health insurance coverage. In addition, the plaintiff was out of work for about 3 ½ months.

The defense of the case focused on two issues. First it focused on the lighting conditions at the time of the accident. The defense argued that at the time of the accident it was dark out. The defense further argued that the plaintiff was wearing dark, (non-reflective) clothing, and he was not carrying a flashlight to alert on-coming traffic of his presence in the road. And second, the defense argued the plaintiff was standing in the main road at the time he was struck. The defense argued that the plaintiff’s comparative negligence was significant and would result in a limited recovery if the case went to trial.

Despite these viable defenses, the case successfully resolved for the aforementioned amount after several tense discussions with the hospital that had placed a lien on the third party case. The hospital lien was significantly reduced which allowed the case to resolve without the need of a trial.

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ney Tofani has handled many high profile criminal cases. Most recently, I needed his professional services. From the moment I first called him, t(...)

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Out of State OUI – My license was suspended because of a DUI I got while in Florida for school. After moving back to Massachuetts I found the pro(...)

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November 25, 2015 – Boston Municipal Court Central Division – Larceny Over $250; Uttering False Instrument: Case Dismissed

January 4, 2016 – Boston Municipal Court – Offense: OUI, 1st Offense; Marked Lanes Violation – Trial Verdict, Not Guilty

January 7, 2016 – Lynn District Court – Offense: OUI, 1st Offense: Case Dismissed Pursuant to the Valor Act

March 1, 2016 – Dorchester District Court Clerk’s Hearing – Offense: Leaving the Scene of Accident Causing Personal Injury; Unlicensed Operation of Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

February 26, 2016 – Leominster District Court – Offense: Breaking & Entering Building at Night with Intent to Commit Felony – Probation Violation Hearing: Warrant Recalled, and Re-Probated

February 22, 2016 – West Roxbury District Court – Offense: Witness Intimidation: Case Dismissed

January 29, 2016 – Brookline District Court Clerk’s Hearing – Offense: Domestic Assault & Battery: Application for Criminal Complaint Denied, Case Dismissed

January 27, 2016 – West Roxbury District Court – Offense: Assault & Battery with Dangerous Weapon: Case Dismissed

January 25, 2016 – Somerville District Court – Clerk’s Hearing Offense: Violation of Restraining Order; Criminal Threats – Application for Criminal Complaint Denied, Case Dismissed

December 7, 2015 – Dedham District Court – Clerk’s Hearing Negligent Operation of a Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

October 19, 2015 – Barnstable District Court – Drunk Driving/OUI/DWI

October 19, 2015 – Haverhill District Court – Violation of Probation Hearing/Final Surrender Hearing

October 20, 2015 – Brookline District Court – Clerk’s Hearing – Negligent Operation of a Motor Vehicle

October 21, 2015 – Natick District Court – Drunk Driving/OUI/DWI – Administrative License Suspension for Chemical Test Refusal (3 years)

October 26, 2015 – Quincy District Court – Harassment Prevention Order

October 29, 2015 – Somerville District Court – Keeping a Disorderly House – Clerk’s Hearing/Show Cause Hearing/Probable Cause Hearing

October 30, 2015 – Attleboro District Court – Shoplifting– Dismissal Prior to Arraignment

November 3, 2015 – Wareham District Court – Illegal Possession of a Controlled Substance, Class ‘B’, Cocaine – Valor Act of 2012

November 4, 2015 – Boston Municipal Court Central Division – Assault and Battery with a Dangerous Weapon

November 5, 2015 – Superior Court Department for Suffolk County – Indecent Assault and Battery/Rape – Post Conviction Relief – Motion to Correct Mittimus

November 4, 2015 – Salem District Court – Drunk Driving/OUI/DWI, 2nd Offense – Administrative License Suspension for Chemical Test Refusal (3 years)

November 6, 2015 – Somerville District Court – Domestic Assault & Battery and Witness Intimidation: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 20, 2015 – Attleboro District Court – Leaving the Scene of Accident Causing Property Damage & Negligent Operation of a Motor Vehicle: Case Dismissed

November 11, 2015 – Wrentham District Court – Disorderly Conduct & Malicious Destruction of Property Over $250: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 19, 2015 – Wrentham District Court – Negligent Operation of a Motor Vehicle & Warrant Removal: Case Dismissed

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      • Heather M. Boutet
      • Vincent A. Tofani
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