Contact the personal injury lawyers of Proner & Proner in New York City today to review the facts of your case.
New York Office:
60 E. 42nd Street
Suite 1448
New York, New York 10165
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Connecticut Office:
14 Depot Place
Bethel, CT 06801
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1-866-424-4496
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September, 2007 Pedestrian Hit by Truck Settlement $2.6 Million
Mitchell Proner was successful in getting a $2.6 Million settlement for his client who sustained head and ankle injuries when she was hit by a truck while crossing the street on a dark rainy night. The settlement was especially appreciated by his client because another prior attorney, that Mr. Proner substituted, wanted to settle the case for $1.2 Million.
When someone is unhappy with their attorney they have the right to changes lawyers at anytime. Mr. Proner’s client came to him under these circumstances, Sheila Hurley was not originally represented by Proner & Proner. In the Fall of 2006, Ms. Hurley was unhappy with the advice her attorney was giving her. Her attorney had recommended a settlement of $1.2 million. This prior attorney said it was a fair offer because there was only $2 million in insurance coverage. He also said that she had a difficult claim because she did not remember how her accident happened and there were no eyewitnesses to support her story.
After searching for a new attorney to get a second opinion, she decided to hire Proner & Proner. Mr. Proner immediately began motion practice and discovered that it was $3 million in coverage, not $2 million in coverage. The insurance company lawyers were playing tricks or were simply sloppy. Mr. Proner went to the accident scene, interviewed witnesses, and hired new experts. Mr. Proner was able to settle the claim on the eve of trail for $2.6 million.
The facts of the accident are as follows:
Sheila Hurley, a 49-year-old registered nurse, was walking to go to work during a rainstorm at 11:30p.m. on April 26, 2004 when she was struck by the defendant’s motor vehicle while attempting to cross the street at the intersection of 1st Avenue and Houston Street in New York, New York. The accident was witnessed by a woman approximately 20 feet away. The witness could not place the plaintiff, who was wearing a black raincoat, in the crosswalk prior to the accident and was unsure what color the traffic light that controlled the intersection was. The plaintiff sustained a fractured ankle and traumatic brain injury which required a craniotomy, and has post traumatic amnesia and no recollection of the accident.
Although the plaintiff was able to resume many of her normal daily activities, she continued to suffer from significant cognitive deficiencies and behavioral changes. She was permanently disabled from returning to her employment as a nurse as a result of the accident. In addition, she sustained medical expenses totaling approximately $125,000.
Plaintiff alleged that defendant was negligent in not seeing the pedestrian in the crosswalk and striking the pedestrian with defendant’s truck. Defendant alleged that the plaintiff walked off the curb into the path of the truck, against the light and outside of the crosswalk. The plaintiff obtained an order precluding the defendant driver from testifying at trial due to his failure to appear for a court ordered deposition.
Result:
Settled on the eve of trial for $2,600,000.00
