The Plaintiff was walking on the sidewalk of a strip mall when a motor vehicle being operated by an 88-year-old jumped a two-inch curb onto the sidewalk and struck and pushed the Plaintiff through a storefront window. The Plaintiff sustained significant injuries including two broken legs, a broken right ankle, severe scalp laceration, two broken ribs, and a punctured and collapsed lung.
The Plaintiff brought suit against the strip mall owner and alleged that they failed to follow safety regulations and standards regarding curb heights, wheel stops, bumper guards, or other devices to protect pedestrians on the sidewalk. At the time of the incident the Defendant’s parking lot was covered by two inches of hard packed snow, which provided no barrier between the parking lot and sidewalk.
According to the Plaintiff’s expert, the industry standard and local zoning codes suggested a minimum of a six-inch curb, which he opined would have been sufficient to prevent this incident. Had the case proceeded to trial the Plaintiff would have introduced evidence of a nearly identical incident within close proximity to this one.
The case settled prior to trial for $950,000.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
