The decedent, an 18 year-old freshman at St. Lawrence University, and lifelong resident of Newton, Massachusetts, set out with his 20 year-old brother on their daily bike ride. As the decedent proceeded West on Commonwealth Avenue in Newton, at the intersection with Morton Street, a car, operated by the defendant, executed a left turn from Commonwealth Avenue onto Morton Street, resulting in a collision between the defendant’s car and the decedent, killing the decedent on impact.
According to statements given by the defendant to the police at the scene of the incident, the defendant had executed his left turn after being waived-on by a second motor vehicle, traveling in the opposite direction on Commonwealth Avenue, and operated by the second defendant.
The plaintiff contends that defendant No.2, who waived-on defendant No. 1, was jointly liable in that defendant No.2 failed to take reasonable and necessary steps to observe the presence of plaintiff’s decedent before waiving the plaintiff’s “right of way” in favor of defendant No. 1. In short, defendant No.2 had no legal right or authority to compromise plaintiff’s decedent’s right of way over Defendant No. 1, and doing so was a substantial contributing factor in the death of the plaintiff’s decedent.
The plaintiff reached an agreement in principal to settle all claims as against defendant No. 1, for the full limits of defendant No. 1’s policy limits of $250,000. The plaintiff’s claims against defendant No. 2 are pending.
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