Verdict & Settlement Wins
Put Your Accident Behind You
Court: Portage County
Plaintiff's Counsel: David M. Paris, Dana M. Paris
Trucking Company Pays $1,500,000 For Injuries to 12-Year-Old
Our 12-year-old client missed her bus and was late for school. She and her two younger cousins were permitted to ride their bicycles one mile to the school house along the town’s main street. As the children rode in a westerly direction on the south side of the street, the defendant truck driver was operating a tractor trailer traveling eastbound and intended to turn right to head southbound at the intersection the plaintiff was approaching. The defendant argued that his light had been green as he approached the intersection and that the crossing signal for the plaintiff had already changed from “Walk” to “Stop” before she entered the intersection on her bike. He also argued that she was pedaling at a high rate of speed from the sidewalk into the driver’s side of the tractor. One eye witness supported this version. Two other witness who were stopped at the intersection testified that defendant had been stopped at his light, started into his right turn when the light changed, and struck the plaintiff as she was about six feet into the crosswalk. Plaintiffs also contended that the trucking company was negligent in routing the truck to turn at this narrow intersection, where stopped northbound vehicles were staggered at stop lines requiring the truck driver to focus more on the vehicles than on pedestrian traffic. A more suitable intersection in which to reach his destination was located three miles east. At collision, our client was dragged under the front wheel for 16 feet and sustained multiple pelvic fractures and a degloving injury from her waist across her left thigh.
Both parties retained experts in the trucking industry as well as accident reconstructionists. The case settled at mediation shortly before trial.