The plaintiff, a fifty-seven year old, unemployed female, was a passenger in a vehicle operated by her boyfriend in Dorchester, Massachusetts. The couple approached an intersection where, the plaintiff alleged, a commercial truck turned left directly in the path of their car, making a head-on collision unavoidable. Accordingly, plaintiff’s counsel argued that the defendant’s negligence caused the accident. Conversely, the defendant maintained that it was in fact the plaintiff’s vehicle that attempted to execute a left turn and improperly usurp the right of way. The damage to both vehicles merely affirmed that a head-on collision had occurred.
In further support of its position, the defendant suggested that an independent witness was prepared to corroborate the defendant’s version of events.
Plaintiff brought claims against the commercial truck driver, his employer, and the operator of the vehicle the plaintiff was traveling in to create a joint tort scenario.
The plaintiff had a substantial pre-existing medical history which caused her to be adjudged disabled in advance of the subject accident. Prior to the accident she regularly relied upon a cane to ambulate.
In the accident, the plaintiff sustained a pelvic fracture and dislocated hip. An attending surgeon performed an open reduction internal fixation to stabilize her fracture. The plaintiff treated conservatively for approximately six months and was ultimately discharged from any further medical care at the eight month follow-up with her orthopedic surgeon. Her medical discharge records noted an “excellent” healing result. She has returned to her sedentary lifestyle and has limited pain resulting from her injuries.
The case settled at mediation for $300,000.