Pedestrian Case Settled for $750,000.00 dollars
Plaintiff ,82 years old pedestrian at the time of the accident was walking his dog along the east berm of the roadway behind his house.
There were no street lights. Defendant driver going speed limit of 25 miles per hour in northbound rt lane of S. Cedar lane.
Defendant had just left his place of employment which was 100 yards away and was looking at cell phone when hit pedestrian. Defendant was charged and plead guilty to careless driving.
The pedestrian was rendered unconscious from the impact until ambulance arrived. Injuries to the pedestrian included:
- Left foot-heel- cut- calcaneal fracture on anterior facet left foot, and left heel degloving injury,
- Comminuted non- displaced fracture involving the superior portion of the scapula
- Fractured sternum, small retrosternal hematoma
- May be injury to esophagus
- Rt shoulder- torn rt rotator cuff,
- Bleed on brain, concussion, traumatic hemorrhage of cerebrum with LOC , with Loss of consciousness and with blood layering within the posterior horn of the right and left lateral ventricle- glascow coma score 14- (moderate-severe cognitive deficits in the areas of attention, delayed or working memory, thought organization, problem solving, orientation and reasoning
- Laceration and multiple abrasions across abdomen and bilateral toes, scalp to posterior and anterior rt head abrasions, bilateral knees lacerations, large laceration into the subcutaneous tissue of the calcaneus on left foot, abrasions on rt side of scalp, bruising left arm under elbow,
There was no history of dementia prior to accident.
Pedestrian died approximately 14 months after the accident. The cause of death on the death certificate was listed as
- Dementia of unknown type
- Diabetes Mellitus, Atrial Fibrillation
Plaintiff expert gave the opinion that the accident contributed to and accelerated pedestrian’s death. Before the accident pedestrian was independent and had no evidence of dementia. Pedestrian suffered a substantial head injury in the accident, apparently causing a bleed.
Complicating this was the development of encephalopathy, likely due to sepsis and the substantial stress of his numerous injuries. He never fully recovered from this and, therefore, the accident contributed greatly to his death.
Medical expenses were paid by Medicare and Medicaid and exceeded $160,000.00 dollars. There were no lost wages since he had retired 17 years prior. All of his children were self -sufficient and his wife had died many years prior.