This isn’t my case. A 75 year old lady was crossing the street when a car hit her. The crash happened in Miami-Dade County.
The pedestrian claimed that the driver failed to yield the right of way to the pedestrian. The driver denied hitting the pedestrian.
Intersection Had “No Pedestrian Crossing Sign”
The side of the intersection where the pedestrian crossed was marked with a “No Pedestrian Crossing Sign”. The pedestrian said that she didn’t see it while she was walking across the street.
Pedestrian Says Car Hit Her
She claimed that the car hit her. One of the pedestrian’s friends, who was with her when the accident happened, said that the car hit her and sent her to the street.
She Took an Ambulance to the Hospital
An ambulance took her from the scene of the accident to the hospital.
Driver Says He Didn’t Hit Pedestrian
The driver said she drove her car in front of the pedestrian, and the pedestrian fell.
Jury Finds Driver 60% At Fault; Pedestrian 40% At Fault
The jury found the:
- driver 60% negligent for causing the accident.
- pedestrian 40% at fault for crossing a street where (the driver claimed) there were signed that said “do not cross”.
Defense Doctor Says She Has a Permanent Knee Injury
The defendant’s orthopedic surgeon confirmed that she sustained a fracture and has been left with a permanent knee injury as a result of the accident.
Jury Awards Her $950,000
The jury awarded her $950,000. The breakdown of the $950,000 verdict is:
- Past medical expenses: $68,000
Future medical expenses: $232,00
$650,000 is for Pain and Suffering
The jury awarded her $650,000 for pain and suffering. The breakdown is:
- Past pain and suffering, loss of enjoyment of life: $250,000
Future pain and suffering, loss of enjoyment of life: $400,000
She was approximately 75 years old at the time of the accident. This gave her a life expectancy of 12.76 years.
She received $400,000 for future pain and suffering, and loss of enjoyment of life. This means she was given $31,347.96 per year for the rest of her life. This comes out to just $88.06 a day.
The verdict was on January 10, 2007 in Miami-Dade County. The case is Mary Platt vs. Marilyn Ellis and Jerry Ellis. Case #: 05-18079
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