Motor Vehicle Negligence
Pedestrian -- Brain Injury
Injuries alleged:
Subdural hematomas and shearing injury
Name of case:
Withheld
Court/case #:
Withheld
Tried before judge or jury:
N/A (settled)
Amount of settlement:
$1.25 million
Date:
July 20, 1998
Highest offer:
$1.25 million
Attorney for plaintiff:
Neil Sugarman, Sugarman & Sugarman, Boston
Attorney for defendant:
Withheld
Other useful information:
On Feb. 23,1997, the 52-year-old plaintiff was struck by a car while she was walking across Beacon Street in Boston. The plaintiff suffered a severe and permanent head injury and was never able to describe the accident's occurrence.
The defendant stated that the accident was the pedestrian's fault in stepping out suddenly in front of her vehicle. Witnesses alleged that the defendant failed to slow for the pedestrian and struck her without ever having applied her brakes.
The plaintiff's primary injuries included a fracture of the supraorbital area of her skull, multiple pelvic fractures, fracture of the transverse process of L4 and L5, subdural hematomas, and shearing injury to her brain. She was hospitalized at Massachusetts General Hospital from Feb. 23 through March 15, 1997, at which time she was transferred to Spaulding Rehabilitation Hospital until June 26, 1997. The plaintiff has remained at a nursing home since that time. The plaintiff has been determined to be permanently and totally disabled.
The defendant had coverage in the amount of $1.25 million (primary policy of $250,000 and excess coverage in the sum of $1 million). The defendant had no substantial personal assets above her insurance policies, which were offered in full.
To address the plaintiff's care needs, in addition to appointment of a guardian ad litem, an irrevocable trust was established to comply with federal and state regulations allowing continuing Medicaid eligibility. An estate plan was also made part of the trust, which provides for distribution of any remaining trust assets following death of the plaintiff.
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