$750,000 Settlement for Pedestrian Wrongful Death

$750,000 awarded to the family of a 90 year old pedestrian in Brooklyn that died from head injuries, including a fractured skull and subarachnoid hemorrhage, when she was struck by a car in the crosswalk after the driver, who had been parked, inadvertently shifted the car into gear, causing it to lurch forward. We moved for summary judgment, arguing there was no issue of fact on fault, and said motion was granted, starting 9% annual interest running until a verdict could be taken. On damages, the parties fought over the length of time the plaintiff experienced both pre-impact terror (knowing she’d be badly hurt) and post-impact pain and suffering (time from injury to loss of consciousness), eventually arriving at the resolution in question.