Jury Finds against Pedestrian Hit in Crosswalk

J. Robb Cruser and Katy Hurley successfully defended a driver who struck a pedestrian in the roadway while crossing in a crosswalk. The accident occurred at the intersection of Indian Trail and Willow Trail where plaintiff was crossing a seven (7) lane roadway in the crosswalk. It was getting dark, was rainy and foggy. The defendant driver was driving slower than the posted speed limit, with both headlights and windshield wipers turned on. The defendant looked to his left, having heard a car horn, saw a car swerve to his left, and, upon looking back ahead, saw the plaintiff pedestrian in his path of travel. The defendant immediately slammed on his brakes, but was unable to avoid striking the plaintiff pedestrian.

Robb Cruser and Katy Hurley argued that the defendant was not negligent, had a green light, and that the plaintiff was dressed in black shirt, slacks and shoes, making it difficult for the defendant to see him, particularly given the poor visibility due to weather conditions.

The plaintiff incurred medical bills in excess of $140,000 with injuries including: right acetabular fracture, bilateral superior rami fractures, right superior ramus fracture, right fibular shaft fracture, and right shoulder dislocation.

The jury found that both the plaintiff pedestrian and defendant driver were each 50% at fault and therefore awarded no damages to the plaintiff.


Verdict Form