Reported in the Lawyers Weekly

Pedestrian Hit on Sidewalk - Scapular and Rib Fractures - $475,000.00

In this case the plaintiff was a 64 year old female who suffered from mild mental disabilities. But outside of these issues she was able to act independently. Since she was a minor, the plaintiff was serviced through the DMR, and was living at a handicapped apartment complex when the incident occurred.

While walking on the sidewalk in September 2002, the plaintiff was run over by a commercial pickup truck that was moving in reverse. This resulted in several injuries to her spine, chest, and shoulder. When medical personnel arrived, she was conscious and immediately taken to the hospital. At the hospital the plaintiff was treated for injuries including multiple fractures - a right transverse fracture, left scapular fracture, and a spinous fracture. To go along with these injuries, she also required a chest tube in order to treat bilateral hemopneumothorax. All of these injuries meant that the plaintiff would have to stay in intensive care for a long period of time.

After a week in the hospital, the plaintiff was recovering as expected. She was then transferred to a rehabilitation hospital. But unfortunately, her progress digressed as she developed pulmonary distress. This resulted in her being transferred back to the hospital.

When reaching the hospital, chest tubes were reinserted, and the plaintiff was left in intensive care unit to recover once again. After this, she made a great recovery, and returned to her normal lifestyle with only minor residual injuries.

The defendant in this case argued that the plaintiff should have been aware of the slow moving truck that was backing up.

While the defendant acknowledged that the plaintiff suffered injuries, they argued that that when all was said and done, she returned to good health in a normal length of time.

This case was settled without litigation in March 2004. The plaintiff and counsel traveled to the insurer's main office, and settled things directly with them.

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