Mar 14 2014

Verdict 2014-8, March 19, 2014: Boston Partner Doug Price

Verdict 2014-8, March 19, 2014: Boston Partner Doug Price recently obtained a defense verdict in a night-time car versus pedestrian case. The plaintiff, a civilian dispatcher working in headquarters, claimed that the accident occurred when he was crossing the street away from headquarters, and in the crosswalk. He claimed that he first crossed the outbound lanes of travel, did not look to his right, and while he was in the inbound lanes of travel he realized the light was green. He claimed that when he was in the far right lane of travel he was struck by our client’s vehicle, jumped up on the hood of the vehicle (his feet leaving the ground) and rolled off. He claimed to have sustained multiple contusion/sprain injuries to his right knee and leg. Our client/driver claimed that she was traveling straight on Tremont Street when the plaintiff suddenly appeared in front of her. It was nighttime, the area where the plaintiff was crossing was poorly lit (not in the crosswalk), and he was wearing all dark clothing. She swerved to the left, nearly avoiding the accident, and contacted plaintiff with her passenger side mirror, which bent in. She claimed there was no damage to her vehicle, as supported by photographs. The police officer who investigated the accident testified that as part of his investigation of the accident he carefully inspected the car and found no damage, with the passenger side mirror bent in but not damaged. The officer spoke to the plaintiff who said he was walking towards headquarters, and never mentioned anything about being in the crosswalk. The plaintiff was impeached on numerous issues during the trial, and the jury, after eating their free lunch, quickly came back with a defense verdict.

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