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$8.5 Million Settlement in Case of Pedestrian Struck by Delivery Truck

11.29.2016

Michael K. Demetrio and William T. Gibbs of Corboy & Demetrio have obtained an $8.5 million settlement on behalf of an Illinois woman who was struck by a delivery truck in 2014.   The plaintiff was crossing the street within the crosswalk, when the defendant truck took a right-hand turn and struck her.

Plaintiff sustained serious orthopedic injuries, including pelvis fractures and a fractured femur.

The defendant claimed the plaintiff was comparatively negligent because she was talking on a cell phone while crossing the street and failed to see and get out of the way of the large truck.   The driver admitted he did not see the plaintiff.

The plaintiff alleged that the defendant failed to keep a proper lookout and failed to yield the right of way to a pedestrian.  

The plaintiff was able return to work after three months and has had a second child since the incident.

 “Our client’s quick recovery is a testament to her strong will despite her orthopedic injuries,” said Michael K. Demetrio. 

 “The defense claimed that despite the fact that the plaintiff was inside the cross walk, she was to blame for her injuries because she was talking on her cell phone,” said Corboy & Demetrio Attorney William T. Gibbs, who also represents the Plaintiff.  

The defense named three liability experts in attempting to support that claim, Gibbs noted. 

The settlement was obtained only 19 months from the filing of the complaint.  During discovery in the case, 20 fact depositions were completed.  Additionally, the parties disclosed experts and completed all their depositions. 

“Completing the case one and a half months before the statute of limitations expired is a testament the Law Division system works.  Judge James N. O’Hara and Judge James P. Flannery, Jr., Presiding Judge of the Law Division both efficiently and professionally instituted and carried out the judicial management of this significant matter,” Demetrio said.

“This case also reflects the excellence of our justice system in providing the plaintiff complete, fair and full compensation as agreed to by both sides of the case,” Demetrio added. 

Demetrio added also said civil cooperation and professionalism by all participants in this serious matter assured a fair and just result.

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