GMR Partner Robert Stein secured a no cause verdict on liability for his client stemming from an accident in which a 12-year girl was struck by a vehicle and sustained multiple fractures to her leg and ankle requiring two surgeries and implementation of hardware. The 5-day trial was presided over by the Honorable James Ferrelli in Burlington County, NJ. Plaintiff alleged she was crossing in an “unmarked crosswalk” when she was hit; Plaintiff therefore requested the jury be charged on a presumptive inference Stein’s client was negligent. Plaintiff also argued the Time Unit rule and a 59.5 year life expectancy in consideration of pain & suffering along with the need for future surgery.
Stein successfully argued the intersection in question was not an unmarked crosswalk and both his client and Plaintiff had mutual obligations to use due care; however, there was nothing a reasonable driver could do when presented with someone running across the street. The jury returned a 5-1 verdict on the issue of liability in Stein’s client’s favor.
