Tuesday, January 7, 2014

$1 million Settlement: College student hit by car while crossing street

Defendants argue injuries were minor, didn’t meet threshold; case is settled

Plaintiff, a Wayne State University senior, was struck by defendant’s vehicle in broad daylight while properly crossing on a green light in a marked crosswalk. Defendant admitted to having bad peripheral vision, and eventually defendants admitted negligence to operation of a motor vehicle; however, defendants did not admit proximate cause of the injuries or that plaintiff suffered injuries to meet the serious impairment threshold.

Plaintiff’s doctor performed a microdiscectomy on her injured disc and several nerve blocks. Plaintiff’s doctors have disabled her from employment both for the physical injuries to her spine and for the traumatic brain injury. Plaintiff did complete her final semester despite the injuries.

Defendants argued that plaintiff never lost consciousness; that she suffered no blow to the head; that the injuries to her spine were minor in nature and she should be fully recovered; and that any psychological issues pre-existed prior to the incident. In addition, it was asserted that plaintiff not only is not disabled, but she also can return to work and school.

Type of action: Third-party auto negligence

Type of injuries: Traumatic brain injury, herniated discs

Court/Case no./Date: Wayne County Circuit Court; 11-014810-NI; July 23, 2013

Settlement amount: $1 million

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