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Crosswalk Accident Victim With Broken Leg Receives $227,000 Settlement

Case Description: Pedestrian suffered leg fracture when hit by automobile, then experienced a heart seizure during repair surgery

Firm Attorney: James C. Lewis

Court: Virginia Beach Circuit Court

What Happened: On June 28, 2004, our plaintiff and his family were visiting the resort area of Virginia Beach, VA, on vacation from their home in Buffalo, New York (NY). At approximately 8:00 am, the plaintiff and his family were walking northbound on the sidewalk of Atlantic Avenue and was crossing 26th Street in the marked crosswalk. At that time, the defendant was operating a motor vehicle southbound on Atlantic Avenue and turned right onto 26th Street. The defendant failed to see the plaintiff and struck him in his right leg, causing severe fracture. The case was settled after the parties and witnesses were deposed in Virginia Beach, but prior to depositions being conducted in Buffalo.

Key Legal Strategy
: The plaintiff’s New York counsel promptly traveled to Virginia Beach to work with out attorney to obtain a detailed survey of the area where the plaintiff was injured. This allowed us to preserve the layout of the area, which proved important in light of subsequent significant construction modifications.

Outcome: The case settled for a total of $227,000, with the plaintiff receiving $45,000 in compensation for undisputed damages, $9,500 to cover disputed medical expenses and approximately $20,000 to cover lost wages.