Pedestrian - Motor Vehicle Collision: $1.2 Million

PLAINTIFF'S CAUSE Liability was stipulated in this case in which the female plaintiff pedestrian was struck while she was walking in a crosswalk in an intersection. The defendant made a right turn into the intersection and collided with the plaintiff. The plaintiff contended that she suffered a split depression fracture of her right tibial plateau. The plaintiff, a 52 year-old nurse, was taken by ambulance to a hospital where surgery was performed with an allograft and insertion of a plate and screws. The plaintiff testified that she can no longer walk quickly or run, and that her knee is sensitive to hot and cold. She contended that she is unable to continue working full-time. She did not claim lost earning because she received workers' compensation benefits. The plaintiff's orthopedist testified that the plaintiff's fracture site collapsed after the surgery. He testified that the plaintiff developed arthritis as a result of the injury and that she will require future knee replacement surgery. DEFENDANT'S CONTENTIONS The defendant's expert radiologist testified that x-rays revealed no evidence of a collapse or the presence of arthritis. The defendant's expert orthopedic surgeon opined that the plaintiff had made an excellent recovery. The plaintiff demanded $850,000. The defendant offered $150,000. After a three-day trial, the jury awarded the plaintiff $1.2 million. Of this amount, $400,000 was for past pain and suffering and $800,000 was for future pain and suffering.

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