Woman Struck By Motor Vehicle Severely Injured

Driver Suffered Vision Problem, Possibly Due To Earlier Stroke

$1.6 Million Settlement

At 11:14 a.m. on Jan. 3, 2002, the defendant drove his employer's vehicle out of the parking lot of the Pinefield Shopping Center, looked to his left, but allegedly did not see the plaintiff, turned onto Nicholas Road in Framingham Find drove approximately 90 feet toward Water Street. The weather was clear. The defendant looked up and saw the plaintiff directly in front of him just an instant before he struck the plaintiff

As a result of the collision, the plaintiff was thrown into the air and onto the pavement and suffered multiple injuries to her head, jaw, back, arm and leg. She was transported by Medivac helicopter to Massachusetts General Hospital where she was treated until Feb. 12, 2002 after three weeks of intensive care.

After the plaintiff had been admitted and treated by physicians at MGH, she was diagnosed as having bilateral frontal temporal contusions, frontal sinus fracture, Ll to L4 transverse process fracture, unstable


burst fracture of T11, right adrenal hemorrhage, psoas and right gluteus hematoma, pneumonia and cholecystitis.

The defendant was cited for negligent operation of a motor vehicle by a police officer who arrived on the scene shortly after the plaintiff was injured.

On Jan. 15, 2002, the defendant was diagnosed as suffering from homonymous heminopia, a loss of vision on the left side of both his eyes probably due to a stroke that he had suffered in October 2001.

As a result of an MRI performed on the defendant on Feb. 6, 2002, it was found that the stroke "knocked out nearly all of his vision an the left side of his view," rendering him unfit to drive

On Feb. 12, 2002, the plaintiff was transferred to the New England Rehabilitation Hospital in Woburn where she was treated until March 21, 2002.

On April 14, 2003, the defendant was convicted of negligent operation of a motor vehicle by a Framingham District Court judge.

The plaintiff incurred expenses in excess of $525,000 for the Medivac flight to MGH as well as for the hospitalization, medical attention, medication and rehabilitation services that she received.


The plaintiff was unable to perform her usual duties since Jan. 3, 2002 as a result of the injuries she suffered and was not expected to be able to perform such duties for an extended period.

The plaintiff's husband claimed loss of consortium as a result of the Jan. 3, 2002 accident. In addition, the plaintiff's husband incurred out-of-pocket expenses of nearly $5,000 as a direct result of the injuries the defendant inflicted on the plaintiff.

Type of action: Motor Vehicle Negligence

Injuries alleged: Injuries to head, jaw, back, arm and leg

Name of case: Withheld

Court/case #: Middlesex Superior Court (no. withheld)

Tried before judge or jury: N/A (settled)

Special damages: $525,000

Amount of settlement: $1.6 million

Date: May 13, 2004

Attorney: C. Peter Gossels, Boston (for the plaintiff)


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