$480,000 For Woman Pinned Under the Wheel of a Car Whose Driver Had an Alleged Diabetic Condition
Accident Attorney in New Jersey
A Client of Clark Law Firm was walking in the Shoprite of Aberdeen parking lot with her family. Defendant was parked in the Shoprite fire lane when he unexpectedly put his motor vehicle into drive and accelerated at a high rate of speed. Our client tried to push her son out of the way of the motor vehicle, in doing so she was struck by the vehicle and trapped between the vehicle and the cart return. Her leg and foot were pinned underneath the tire of the Defendant’s vehicle as Defendant kept accelerating his tire on top of her. Defendant’s vehicle subsequently backed over our client’s leg as he was fleeing the scene. Our client suffered a left ankle distal tibia fracture and a left knee tibial plateau fracture which necessitated surgery. She also suffered 2nd‑degree burns from the tire on her lower leg.
Our client’s counsel, Stephanie Tolnai, Esq. showed the defendant failed to properly obey motor vehicle laws and operated his vehicle in a careless manner. Defendant’s counsel alleged that defendant had not taken his diabetes medicine and that he had gone into severe hypoglycemia. Despite the video evidence that our client did nothing wrong, Defendant’s counsel still insisted on blaming the Plaintiff for this accident. This is a common occurrence in these cases where Defense will say the Plaintiff is at fault when their insured is clearly liable. Plaintiff’s expert opined that the driver was someone who had diabetes for years and should have taken the appropriate steps to avoid hypoglycemia. Defendant’s inaction resulted in the permanent injuries of our client.
The case was ultimately settled for $480,000.00.