$100,000 – Fractured Left Clavicle, Fractured Left Patella, Lost Teeth, Laceration, Contusions

F&F# A08193

Fractured Left Clavicle, Fractured Left Patella, Lost Teeth, Laceration, Contusions

Settlement: $100,000

Injuries: Fractured Left Clavicle, Fractured Left Patella, Lost Teeth, Laceration, Contusions

Facts and Claim of Liability:  

On June 22, 2008, infant plaintiff was a passenger in his grandmother’s (defendant owner’s) Corvette when the defendant driver (who was driving in poor weather conditions at an excessive speed) lost control of the car and crashed into a stone wall on Allview Street in Brewster, New York.  Infant plaintiff was transferred to Danbury Hospital in Danbury, Connecticut via ambulance and remained in the hospital for four days. Defendant driver died approximately two weeks after the accident from unrelated causes.

Infant plaintiff sustained a fractured left clavicle, a fractured left patella, a loss of two teeth (which will require future dental surgery), a severe laceration to the left side of his head, and contusions. Infant plaintiff also currently walks with a limp as a result of his injuries.

Fitzgerald & Fitzgerald filed suit in Putnam County Supreme Court, arguing that defendant driver’s actions were the cause of the accident and proximate cause of infant plaintiff’s injuries. Ultimately, Fitzgerald & Fitzgerald settled with defendant owner, as administratrix of the estate of defendant driver, deceased, and defendant owner individually for a total of $100,000.00.

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