The plaintiff was lawfully crossing Route 1A North at Paradise Road in Swampscott, Massachusetts within a marked crosswalk. At the same time, the defendant, was traveling North on Route 1A and struck the plaintiff as he lawfully crossed the roadway. The force of the impact caused the plaintiff to be thrown over the hood of the defendant’s car, before landing on the pavement several yards from the point of impact.
As a result of the impact the plaintiff suffered a comminuted fracture of his mid-fibular shaft and a comminuted fracture of his tibia.
Although the defendant initially blamed the accident on his inability to see the plaintiff in the crosswalk due to the glare of the setting sun ahead of him, the evidence showed that the sun was actually behind the defendant at the time the incident occurred.
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