Jury Awards $9.14 Million in Serious Pedestrian Accident

A 15-year-old plaintiff suffered severe injuries after being struck by a car while crossing a mid-block crosswalk adjacent to a high school. The incident resulted in a traumatic brain injury, causing permanent neurological deficits, including gait and balance disturbances, coordination, speech, and memory problems, and deficits in executive functioning skills. The plaintiff was in a coma for three weeks and required over two months of rehabilitation, later needing special education classes. Past medical expenses totaled approximately $700,000, with estimated future life-care plans up to $3.5 million and loss of earning capacity up to $2.12 million.

The plaintiff's parents filed a lawsuit, individually and on the minor's behalf, against the driver and the county. The plaintiffs alleged the driver negligently failed to observe the roadway and control her vehicle. They also claimed the county maintained a dangerous, non-signalized mid-block crosswalk within a 45 mph speed zone. The driver admitted partial fault but asserted the plaintiff and the county were also liable. The county denied liability, contending that both the plaintiff and the driver were at fault.

A jury awarded the plaintiffs approximately $9.14 million. This total included about $8.23 million for the minor plaintiff, $640,000 for the minor's mother, and $270,000 for the minor's father. The jury apportioned 79 percent of the fault to the driver, 20 percent to the county, and 1 percent to the minor plaintiff.