$540,000 Recovery During Trial for New York Pedestrian Injury

Wrongful Death/Pedestrian Knockdown

Wingate, Russotti, Shapiro attorney, Michael J. Fitzpatrick settled this case during trial for $540,000. The settlement included $100,000 from the defendant's insurance carrier and $440,000 from defendant driver's personal assets.

The 71-year-old pedestrian was walking on the shoulder of a roadway in the area between parked cars and a solid white line separating the parking lane from the moving lane of traffic when he was struck and killed by defendant driver. As per an eyewitness who testified at trial for the plaintiff, the plaintiff was impacted while in the confines of the parking lane and due to the defendant driver veering into the parking lane from the right most lane of moving traffic. Evidence in the form of medical testimony and eyewitness testimony was offered reflecting that the decedent, who died from massive internal injuries and fractures, was conscious and in great pain for almost two hours. The decedent left a wife and three adult children. The plaintiff contended that the children continued to obtain significant guidance and advice from the decedent.

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