PEDESTRIAN - MOTOR VEHICLE ACCIDENT

 

Jurisdiction: Middlesex County, Cambridge, MA

     This case involved a 45‑year‑old male who stepped out into the street and was struck by a vehicle operated by the defendant.
     As a result of the impact the plaintiff sustained a fractured femur that resulted in some shortening of the leg and permanent impairment.
     There had been numerous allegations that the defendant driver was drinking alcohol prior to the time of the collision.  This primarily was the result of a co-employee of the plaintiff, who came upon the scene and claimed to have smelled alcohol on the defendant driver.  It should be noted however that three police officers who investigated the accident were called to testify at trial, and not one of them was able to corroborate the witness’s testimony.
     The plaintiff was crossing the street at approximately 7:50 a.m. to go to work.  His work shift began at 8:00 a.m.  The defense was able to establish he was not using a crosswalk which is nearby, and that his failure to do so is actually a violation of the City of Boston Traffic Laws.  In addition, plaintiff was able to prove by way of a witness that he observed the plaintiff purchase a newspaper, jog down the street and then jog in between parked cars directly in front of the defendant's vehicle.  The witness who had been unavailable to testify prior to trial was extremely helpful in the defense of the case and supported the theory of the defense that the plaintiff was purchasing a newspaper and was late for work. 
     The plaintiff underwent surgery, and claimed he could not return to work as a machinist. This required him to stand all day. The demand was $1.5 million.  After a week and a half trial the case resulted in a defense verdict.