On May 27, 2011, Plaintiff, a 73-year Iranian woman visiting Boston was standing on a sidewalk in between the Boston Common and the Public Garden. According to witnesses, the woman entered the crosswalk “against the light” and proceeded to try and cross this very busy intersection. A vehicle in the far travel lane veered to his right to go around the Plaintiff and continue on Charles Street. Defendant, following directly behind the aforesaid vehicle, stated that she could not see Plaintiff until it was too late and struck her with the front of her car. Witnesses estimated her speed between 10-15 miles per hour at impact. Based on witness statements, as well as a statement was given by the defendant, the investigating officers decided that no ticket would issue.
The case was basically defended by relying on the fact that witnesses stated the Plaintiff had entered the intersection against the pedestrian signal. Plaintiff’s counsel was successful in finding a witness who, although listed on the police report as being from Boston, was actually an individual from Puerto Rico vacationing in Boston. This particular witness stated that he believed Plaintiff entered the roadway while the sign still was in her favor, but that after traversing half the roadway, the sign changed to don’t walk. The witness further stated that one car stopped to let her continue within the crosswalk and that Plaintiff was within a few feet of reaching the far sidewalk when she was struck by Defendant’s car.
Plaintiff suffered nondisplaced fractures of her sacrum and left patella as well as a comminuted fracture of her pubic rami. Doctors agreed that each of the fractures would be treated non-operatively. Plaintiff remained in the hospital for five days before being released. Thereafter, she enjoyed an excellent healing result except for her knee. Plaintiff developed tricompartmental osteoarthritis. Defendant’s expert opined that the osteoarthritis was in no way caused by any injuries sustained in the accident. Her treating physician stated that he could not say within a reasonable degree of medical certainty, that the arthritis was in any way causally related to the accident.
The case was settled for $170,000.00.
