Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) 64-year-old client, who did not drive, worked in food services at a hospital in Peekskill, NY. One evening in October 2021, he was on foot crossing Main Street in Peekskill to get a bus home, as he usually did. While crossing, he was struck by a driver who made a right turn from a side street and did not see him. That driver claimed FKC&S’s client was not in the crosswalk at the time of the collision. As a result of being hit, FKC&S’s client suffered a fractured right ankle which healed without surgery. Steven H. Cohen put the case into suit, and it settled after depositions – and after the defense physical exam – for full policy limits of $100,000.
In cases like these, the lawyers for the defendant driver have the right to question the plaintiff about what happened under oath (the deposition), and then have them examined by a doctor of their choosing (the defense physical exam). During the deposition, the defendant driver admitted that it is unsafe to hit pedestrians, even if they are not in the crosswalk. After the defense physical exam, the doctor confirmed some loss of range of motion in the ankle.
If you or a loved one are injured due to a neglectful driver, please call our team at 845-897-5199 for a free consultation. At FKC&S you will always meet with an attorney and can feel confident knowing that they will be with you every step of the way.